Bright Angel Creek were withdrawn for power site purposes, and on the same day all lands in T. 31 N., R. 3 E., within one-quarter mile of the Colorado River, were included in a similar withdrawal. By the act of February 26, 1919 (40 Stat. 1175), these lands were included in the Grand Canyon National Park.

ACTION OF DEPARTMENT OF JUSTICE ON CLAIMS OF SENATOR CAMERON AND ASSOCIATES

Mr. CRAMTON. I will be glad, also, Mr. Cammerer, if you would request from the Department of Justice any statement as to the information which they have as to the status of these several matters that could be added here.

MAKING OF LIQUOR AT INDIAN GARDENS

Hon. LOUIS C. CRAMTON,

OFFICE OF THE ATTORNEY GENERAL,

Washington, D. C., November 21, 1924.

House of Representatives, Washington, D. C.

SIR: Pursuant to the request contained in your letter of the 20th instant, the following statement is made with respect to the action taken by this department in litigation affecting lands in the Grand Canyon National Monument, claims to which were asserted by Mr. Ralph H. Cameron and others:

A number of years ago suits were instituted against Ralph H. Cameron and others to enjoin further occupancy of the lands claimed by them under asserted mining locations of lands in the Grand Canyon National Monument. These two suits were designated as equity 10 and equity 16 on the docket of the United States District Court for the District of Arizona.

The case designated as equity 10 was carried to the Supreme Court of the United States on the appeal of the defendants from decrees in favor of the United States, which enjoined further occupancy and use of the lands, and required the defendants to remove from those lands certain buildings and refuse. The decision of the Supreme Court is reported in 252 U. S. 450. Final action on equity suit No. 16 was deferred pending decision in the other case, it being stipulated that the decision in that case should be controlling in equity 16.

By letter of February 28, 1924, the Secretary of the Interior called the attention of my predecessor to the fact that the decrees in these cases had not been fully complied with as regards the removal of certain buildings, and request was made that such steps as were proper be taken to secure such compliance. He also called his attention to the fact that in January, 1919, about 55 placer-mining claims of 160 acres each were located on the floor of the Grand Canyon by persons said to be associates of Mr. Cameron. Request was made that suit be brought to enjoin occupancy of these lands also.

On March 5, 1924, the United States attorney was instructed to take immediate action; directed, so far as securing compliance with the decrees in the cases specified, that he take this matter up immediately and secure such order or orders as may be necessary for the removal of all the buildings with the exception of those which the Secretary indicates in his letter that he is willing to have remain."

The receipt of this letter was acknowledged by the United States attorney on March 14, 1924, and on March 20 he made further report that he had arranged a conference with the superintendent of the park preliminary to taking action in the matter.

On April 4, 1924, I wrote the United States attorney, requesting a report showing the result of this conference and stating that he would be expected to take energetic action in these matters, as they had already been too long delayed.

On April 11, 1924, he telegraphed that the complaint in the Cameron matter would be filed on "Monday next."

On April 22, 1924, the United States attorney made the following statement: "Upon receipt of your letter of April 4, I was in attendance on court at Phoenix, and upon communicating with Assistant United States Attorney Moore at Tucson, who has this matter in charge, he advised me that the plead

ings in these cases would be ready for filing on Monday, April 11. Upon my return to Tucson April 12 Mr. Moore had not completed the draft of the complaints and I was therefore unable to make the filings as stated to you in my telegram of April 11.

"We were delayed in getting some information from Superintendent Eakin, of the Grand Canyon National Park, and after receipt of same found that a redraft of the pleadings would be necessary. We also now find that we will have to have some more complete description of the mining claims involved in this matter, and I have accordingly requested the land office at Phoenix to furnish this information.

"I regret the delay in getting this matter before the court, but assure you that it is due principally to press of criminal business, both at Tucson and Phoenix, and the fact that sufficient information has not yet been furnished us to enable us to properly prepare the pleadings. Assistant United States Attorney Moore has been detailed to give this matter his undivided attention and immediately upon receipt of the information we have to-day requested from the United States land office at Phoenix the complaints will be com pleted and filed."

On May 5, 1924 the United States attorney telegraphed that motion and affidavit in contempt proceedings for violation of injunction were forwarded to Phoenix for filing that day, and that the bill for injunction against locators of claims on the floor of the canyon would be completed and forwarded to Superintendent Eakin for verification not later than the following day.

Sometime later Senator Cameron called at the department with respect to the suits pending against him and requested that any action therein be postponed until the adjournment of Congress so that he might have an opportunity to be present to defend the proceedings. The United States attorney also communicated information of the receipt of a letter from Mr. Cameron, stating that he had taken the matter up with the department and that that arrange ment had been made.

Replying to that under date of June 11, 1924, I stated to the United States attorney:

"So far as the contempt proceedings are concerned, I think it is only fair that action thereon be not pressed until Senator Cameron is able to return to Arizona, which he assured me would be very soon after the close of the Congress, which adjourned on the 7th instant."

"As to the case relating to the claims on the floor of the canyon, Mr. Cameron asserts that he has no interest, and there is no reason why the suit involving them should be delayed at all.”

Under date of June 30, 1924, the Secretary of the Interior called my attention to a telegram received from Sanitary Engineer H. B. Hommon, of the United States Public Health Service, who claimed that the water supply at Indian Gardens was seriously contaminated and that under the present ownership of land no possibility of alleviating conditions, even temporarily, could be had.

I immediately wired the United States attorney as follows:

"Confer with local officials National Park Service and take whatever im mediate action necessary to stop contamination water supply at Indian Gardens. Wire status matters connected with mining claims on floor of Grand Canyon. Push vigorously."

In reply to this, on July 7, 1924, I received a telegram from the United States attorney, stating that he had instructed his assistant, Walker, to confer with the National Park Service at once and take necessary steps regarding the contamination of the water supply in Indian Gardens, that he had received from Superintendent Eakin by that day's mail complaint in the matter of mining claims on the floor of the canyon and that he would present the matter to the district judge at Prescott within the next few days for action. I then wrote the United States attorney, under date of July 8, 1924, directing him to leave no stone unturned to see that the Cameron case was brought to a speedy conclusion, and that the interests of the United States were fully protected and preserved, that if it was necessary to file other suits for a complete determination in this matter he was advised to file same at once, and take any other action which would hasten a determination of the questions involved.

On July 14, 1924, the United States attorney telegraphed that bill for injunction against Stetson and others affecting mining claims on the floor of Grand Canyon, filed that day, and that proceedings to enjoin contamination

of water supply in Indian Gardens would be filed as soon as verified by proper officer.

Telegraphing under date of July 26, 1924, the United States attorney stated that bill for injunction in Indian Garden-Grand Canyon matter filed that day. This suit was designated United States v. Seth Lilly et al., and prayed that the defendants be enjoined from contaminating the water supply in Indian Gardens and from further trespassing upon the Grand Canyon Park.

By letter of August 5, 1924, the Secretary of the Interior informed me of a further request by Senator Cameron for a continuance until September 1 of the hearing on the injunction involving the Indian Gardens matter.

I telegraphed the United States attorney on August 5 as follows: "In accordance with telephone message received from First Assistant Secretary Finney, Interior Department, you are directed to continue hearings on the bill for injunction Indian Gardens-Grand Canyon matter until September 1, 1924, provided contamination of waters has ceased and no injury or loss will result. Wire answer."

To this the United States attorney, under date of August 6, replied that-"Superintendent advises sanitary conditions unchanged. One Steele, caretaker mining claims at Gardens, yesterday refused to permit samples of water to be taken. Would you advise analysis of water by outside chemist? Advise as to continuance."

To this I replied, on August 7, as follows:

"Your wire re injunction proceedings Indian Gardens-Grand Canyon matter. Proceed with injunction at once and do not consent to any delay unless contamination of water has ceased and immediate permission given to take samples for analysis. Have analysis by outside chemist."

I also wrote Senator Cameron a letter on that date, stating that in view of the situation I was unwilling to consent to a continuance. Said letter is as follows:

"In accordance with my conversation with you on the 4th instant and the agreement made by you with First Assistant Secretary Finney for a continuance until September 1 of the hearing for injunction in the Indian Gardens-Grand Canyon matter, I sent the following telegram on the 5th instant to the United States attorney at Tucson:

"In accordance with telephone message received from First Assistant Secretary Finney, Interior Department, you are directed to continue hearings on the bill for injunction Indian Gardens-Grand Canyon matter until September 1, 1924, provided contamination of waters has ceased and no injury or loss will result. Wire answer.'

"This telegram was read to you over the telephone that day by Mr. Wells. Last evening I received the following telegram from the United States attorney:

"Re telegraph your wire Indian Gardens-Grand Canyon. Superintendent advises sanitary conditions unchanged. One Steele, caretaker mining claims at Gardens, yesterday refused to permit samples of water to be taken. Would you advise analysis of water by outside chemist? Advise as to continuance.'

"From the fact that the public health authorities posted notices at the watering places on these properties to the effect that the water was unfit for drinking purposes, which notices were torn down by the caretakers, and from the further fact that the contamination of the water has not ceased and that the caretakers have refused to permit samples to be taken for analysis, it is apparent that the defendants are not playing fair with the Government, and of course under such circumstances I can not consent to a continuance of these injunction proceedings, which I understand are set for the 11th of August. I have to-day sent the following telegram to the United States attorney:

"Your wire re injunction proceedings Indian Gardens-Grand Canyon matter. Proceed with injunction at once and do not consent to any delay unless contamination of water has ceased and immediate permission given to take samples for analysis. Have analysis made by outside chemist.'

"I have tried to get in touch with you, but your secretary informs me that you have left Washington for New York and will go from there to Arizona, and as yet you have not advised her of your address. For this reason a copy of this letter will be sent by special messenger to your office in an unsealed envelope, with a notation thereon of the importance of this matter and asking

your secretary to convey its contents to you immediately upon learning where you can be reached. A copy will also be sent to you at Phoenix, Ariz.” On August 8, 1924, I wired the United States attorney as follows: "Your wire Grand Canyon received. Cameron leaves Monday for Arizona. Desires continuance until August 20 to be present at hearing. If you are immediately guaranteed that interference with public officials has ceased and officials will be permitted to take such steps as they deem necessary to protect the public pending determination of suit, without restriction or interference, you may consent to continuance, otherwise proceed with hearing. Wire action."

At this same time I received a communication from the Secretary of the Interior, reporting advices received from the superintendent of the park to the effect that the caretaker still refused to allow samples of the water to be taken for analysis.

On August 9, 1924, the United States attorney wired that he had been "just advised by long distance by Jacobs, district judge, that he entered order to-day continuing hearing order show cause Indian Gardens matter to September 1."

By letter of August 9 the United States attorney made more detailed statement. Copy of this letter is as follows:

"Reference is made to your telegram of August 8 in the above matter, instructing me to proceed with the hearing on Monday next, unless proper guaranty is given that interference with public officials has ceased, and officials will be permitted to take such steps as they deem necessary to protect the public pending the determination of the suit, and to my wire of yesterday afternoon advising that District Judge Jacobs had entered an order continuing the hearing on the order to show cause until September 1.

"In connection with the entry of this order of continuance, I have to advise that I was not notified of the application by the defendants for such continuance, nor of the order continuing the hearing until yesterday afternoon, when I called Judge Jacobs over long-distance telephone to see if he would hear the matter on August 20 in accordance with the suggestion contained in your telegram, and I was then informed by Judge Jacobs that the attorneys for the defendants had applied for a continuance yesterday on the grounds that he would not have time to obtain certain evidence by next Monday, and that an order was accordingly entered continuing the hearing until September 1. "I regret that I did not have notice of this application for a continuance, so that I might have resisted it at least to the extent of obtaining a guarantee that public officials would not be interfered with, and that water from any of the springs at Indian Gardens might be accessible to tourists.

66

Shortly after receiving your telegram of the 8th I received a telegram from Senator Cameron, a copy of which I inclose for your information and files. It occurs to me that if the Senator will give us the guarantees mentioned in your telegram to me, and will give the caretakers at Indian Gardens proper instructions, the interests of the Government and the public will be protected until a hearing can be had."

In view of the conditions existing, it was deemed advisable that the prosecution of these matters affecting the Grand Canyon National Park lands be put in charge of one who could devote his entire attention to their prompt prosecution. With this in view I appointed Mr. Harold Baxter, of Phoenix, Ariz., as a special assistant and assigned him to this work.

On August 21, 1924, the United States attorney wired as follows:

"We to-day in receipt of copy of order made by Judge Jacobs on 14th continuing hearing in injunction matter Grand Canyon against Lilly and others until October 13. Order recites continuance granted on affidavit attorney for defendants. We were not served with copy of affidavit nor notified of hearing. Receipt or order first knowledge. Defendants' attorneys in all Grand Canyon cases request us to stipulate they shall have until September 30 for filing answer. Have not stipulated answer."

To which I replied on the 22d:

"Your telegram Grand Canyon matter received. Consent to no continuances whatever. Insist on immediate hearings in all Grand Canyon matters. These cases must be disposed of and no delay will be tolerated. Send copies of all affidavits, orders, etc."

And in a letter of August 25, 1924, I acknowledged receipt of his telegram of the 21st and confirmed mine to him of the 22d. In that letter I said:

"I can not see any reason for the delay in this matter. It is the desire of this department that the Grand Canon matters be pushed in every way possible and that an early decision be had respecting the same.

"In view of the large amount of work you have on hand it has been thought best to employ Mr. Harold Baxter, of Phoenix, Ariz., to take charge of the Grand Canon matters, and he has been designated as a special assistant to the Attorney General to handle these cases. You and your assistants will render him every possible service and furnish all the information in your hand, and cooperate with him in every way for a speedy determination of these suits." Thereafter there was received from the United States attorney a communication, dated August 22, 1924, making further statements with respect to the continuance in the Lilly case:

"Last night I wired your office night letter, as follows:

"We to-day in receipt of copy of order made by Judge Jacobs on 14th continuing hearing in injunction matter Grand Canon against Lilly and others until October 13. Order recites continuance granted on affidavit attorney for defendants. We were not served with copy of affidavit nor notified of hearing. Receipt of order first knowledge. Defendants' attorneys in all Grand Canon cases request us to stipulate they shall have until September 30 for filing answer. Have not stipulated. Answer.'

"As stated in former correspondence, this case was continued at Prescott until September 1 without notice to us, and we were given no opportunity to meet and attempt, at least, to refute the allegations of the motion for a continuance.

"As stated in the above wire, we were not advised that any application for a continuance had been made; were not served with a copy of the affidavit for a continuance, and do not yet know the allegations thereof. In fact, we did not know that Judge Jacobs was in the district, as he had announced that he was going on his vacation,

"The attorneys for the defendants in the Lilly case are also the attorneys of record in the case of United States v. Stetson et al. Accompanying the copy of the judge's order continuing the Lilly case was a stipulation in each of the cases, requesting that we consent to an extension of time until September 30 for the filing of demurrer or answer in each case, they stating in their letter to us that this was requested as they did not have time to prepare same in the time allowed. We did not see fit to sign these stipulations, for the reason that we do not seem to be taken into consideration in the passing upon motions for other continuances in these matters, and we did not wish to put ourselves in a position of consenting to any continuance. If the judge sees fit to make the orders without notice to us, that is something we have no control over.

"I trust you will approve our actions herein.

Under date of August 28, 1924, Mr. Baxter wired as follows:

"Grand Canyon matter; find two suits begun without making Cameron party defendant continued by Jacobs without notice until October 13. Am preparing affidavits and order to show cause in original action before Sawtelle On September 1, 1924, Mr. Baxter wired as follows:

"In Cameron Grand Canyon matter have filed motions for orders to show cause in contempt proceedings against Cameron. Judge Sawtelle Saturday signed orders returnable at Tucson Monday morning, September 15. Letter follows, inclosing file. Have notified Cameron by telephone.

To which I replied on September 2:

"Fully approve action Cameron matter outlined your telegram September 1. Desire case pressed to early conclusion.”

Under date of September 5, 1924, I wrote Mr. Baxter for a report in detail regarding the situation in order to clear up some doubts which I had as to the exact status. In that letter I made the following statement:

"The instructions which originally issued to the United States attorney at Tucson, Ariz., directed that appropriate proceedings against Cameron for failure to conform to the terms of the decree be instituted, as well as proceedings against Stetson and others who were asserting rights to lands on the floor of the canyon under placer mining locations.

"In a telegram dated May 5, 1924, the United States attorney stated that 'motion and affidavit in contempt proceedings for violation injunction of March, 1917, forwarded to Phoenix for filing to-day.' I presume that the papers referred to were filed immediately upon their receipt at Phoenix, although