Mr. PRUITT. Just 1,500. Mr. KELLEHER. They concur more or less in the statement substantially to the following effect: 1. Get rid of the surplus range horses. 2. Develop water on the reservation proper, which development should include the care and maintenance of their development--that is, the proper care of the gasoline engines and of the artesian flows and of the windmills. 3. The fencing of the lands which will result in reseeding and in prolonging the life of the pasturage. 4. Extermination of the prairie dogs. 5. The improvement of the breed of the sheep by the development of bucks that are suitable for the Navajo country. 6. The blocking of land, a problem that is presented in detail by Mr. Lee and some of the other witnesses. 7. The cooperative experimental station which will be of joint benefit to both the Navajos and the white settlers. 8. Attention to the problem which arises because of the fact that sections 2, 16, 32, and 36 in the public domain townships are lands which belong to the State of New Mexico as trustees for the use and benefit of the public schools in New Mexico. 9. Investigation of the status of the alternate checkerboard land owned by the New Mexico-Arizona Land Co., which is a subsidiary of the St. Louis-San Francisco Railroad Co., and, finally, the gentlemen whom I represent would like to direct the attention of the committee to two things, one, that the problem of the Navajo which so vitally affects them and these gentlemen, is a problem of the Nation at large, not a problem of New Mexico but a national problem; and, secondly, that there is an internal problem among the Indians themselves with reference to the allocation of grazing rights on the reservation itself. For example, they point out that Chee Dodge, a full-blood Navajo runs from twelve to fifteen thousand sheep on the reservation itself and is one of the largest Navajo sheep owners; he also runs sheep outside of the reservation and that there should be some method by which the small sheep owners among the Navajos should be permitted to participate on an equal basis pro rata with the large Navajo sheep owners themselves. Senator WHEELER. I agree with that thoroughly. I do not think any one Indian should be permitted to run fifteen or twenty thousand sheep on one of these reservations and thereby deprive a lot of these other Indians of the right to make a living for themselves. Mr. KELLEHER. To the detriment of the small Indian. Some of the large owners among the Navajos have become so firmly entrenched in their rights and in their claims and in their so-called allotments and division of the grazing areas on the reservation itself that these smaller men are forced to get outside the reservation to seek pasturage elsewhere. On behalf of the association and on behalf of these gentlemen who are here to-day we wish to thank the committee for the opportunity you have given us to appear before you and to express our views. There is present Mr. E. L. Moulton. Mr. Moulton is vice president of the New Mexico Wool Growers' Association. How many head of sheep do you run Mr. Moulton? Senator WHEELER. On advice of counsel you do not need to answer. Mr. KELLEHER. How many sheep do you run? Mr. MOULTON. Our company has 1,500 out here. They run most of their sheep on the other side of the State. Mr. KELLEHER. J. J. Carrica is here also. Mr. W. A. Berryhill is here. Senator WHEELER. I would like to ask Mr. Hunter if he will give the amount of Chee Dodge's stock on the reservation? Mr. HUNTER. I am superintendent of the Southern Navajo jurisdiction at Fort Defiance. According to the dipping record, Chee Dodge and his wife together do not own to exceed 2,500 head of sheep; they do not own to exceed 500 head of cattle, and all of the stock is run on the reservation. Part of it is on the Executive-order section of the reservation. It is all on the treaty and Executiveorder sections of the reservation. Mr. KELLEHER. Are those all of the sheep that Chee Dodge owns, do you know? Mr. HUNTER. Yes. Mr. KELLEHER. How many sheep has he had within the last three or four years? Mr. HUNTER. I can not tell you that. Mr. KELLEHER. Is it not a fact he has run as high as 15,000 sheep within your knowledge? Mr. HUNTER. Not within my knowledge. Mr. KELLEHER. What is the maximum amount of sheep he has run to your knowledge? Mr. HUNTER. Chee Dodge, to my knowledge, has not run to exceed 3,000 head of sheep. I have only been there for the past two and one-half years. Of course, he has a great many relatives and perhaps often they include all of them in determining how many sheep he runs, but as a family, or as the head of the family, the figures are as I stated a moment ago. (Resolutions adopted by the New Mexico Wool Growers' Association at its convention held at Albuquerque, N. Mex., February 5 and 6, 1930, and which is referred to in the testimony of Mr. Floyd W. Lee, president of the said association; also other letters and documents pertaining to the withdrawal for homestead entry certain public lands situated in the State of New Mexico, follows:) INDIAN ALLOTMENTS Whereas the Indian has heretofore been allotted lands for grazing and agricultural purposes in excess of the requirements for his use either for agricul tural or grazing purposes which fact is evidenced by numerous leases issued to non-Indians for grazing purposes; and Whereas under the compact between the State of New Mexico and the Federal Government, Indian lands are exempt from taxation thereby limiting to an embarrassing extent the ability of the State to raise necessary revenue essential to the general purposes of Government; and Whereas we are informed that large numbers of individual grants have been made of lands to Indians under what is generally designated as allotments without requiring improvements, use, or settlement contrary to traditional policies of the Government in behalf of permanent development and beneficial use of the public domain; and Whereas we find no fault with the policy of liberal treatment toward the Indian; we commend the policy of extending substantial helpfulness toward self support and industrial independence and prosperity of the Indians, but we object to the burden being imposed on our State taxpayers: Therefore be it Resolved, That the New Mexico Wool Growers' Association in convention assembled at Albuquerque, N. Mex., February 5 and 6, 1930, views as a menace to the future welfare of the State the extravagant disposal of the public lands for other than actual bonafide needed, beneficial productive. use and settlement and recommend a cessation of such grants to Indians of the remaining public domain except when the lands within the Indian reservation are not available for needed productive use; we further believe that all lands so heretofore granted or hereafter granted should of right be subject to its just proportion of taxes levied under the laws of the State, we further recommend adequate legislation applicable to Indian reservations in the interest and welfare of the Indian: First. That Congress authorize the creation of agencies which will make available and provide a grazing conservation policy based upon privileges in accord with Forest Reserve administrative policies, so that the natural forage may yield its full capacity. Second. That the cattle and sheep be adequately inspected and necessary dipping plants established within Indian reservations and such facilities and agencies as will keep such cattle and sheep free from scabies and other infectious diseases. We further recommend that adequate livestock watering facilities be developed within Indian reservations to the end that the natural grasses may be economically utilized in an orderly manner, and that the range be so divided by the construction of fences as will encourage individual effort on the part of the Indian toward the successful raising of livestock; be it further PUBLIC DOMAIN Resolved, That we favor and recommend ceding of the public domain and also the subsurface rights to the States as a sound, economic policy, which will result beneficially to Nation and State by reducing the governmental burdens of both, increasing the income of the State, preserving the principles of conservation, stabilizing our livestock industry, and encouraging the thrift spirit of individual effort and control in local industry; be it further Resolved, That no further withdrawals of any kind of the public domain, such as homesteads, allotments, national parks, or monuments, be made. WITHDRAWALS (Reported 39 L. D. 544) Withdrawals, surface rights-acts of June 22 and 25, 1910, and March 3, 1909 DEPARTMENT OF THE INTERIOR, The COMMISSIONER OF THE GENERAL LAND OFFICE: SIR: The act of June 25, 1910 (36 Stat. 847), provides that the President may at any time in his discretion temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States, including Alaska, and reserve the same for waterpower sites, irrigation, classification, or other public purposes to be specified in the orders of withdrawal, such withdrawal to remain in force until revoked by him or by an act of Congress. The honorable the SECRETARY OF THE INTERIOR. JUNE 27, 1931. MY DEAR MR. SECRETARY: I have the honor to invite your attention to the following described townships in New Mexico and Arizona that we believe should be temporarily withdrawn from all forms of entry under mining, homestead, or Indian allotment and homestead laws in aid of the purpose hereinafter set out: TOWNSHIPS NORTH, RANGES WEST, NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO Range 2. Fractional township 9, all of township 10, and fractional township 11. Range 3. Fractional townships 9, 10, 11, and all of townships 18 and 19. Range 4. Fractional townships 9, 10, 11, and all of townships 16 to 21, inclusive. Range 5. Townships 2 and 16 to 21, inclusive. Range 6. Townships 2, 3, and 16 to 22, inclusive. Range 7. Townships 2, 3, 4, and 17 to 23, inclusive. Range 8. Townships 17 to 27, inclusive. Range 9. Townships 17 to 28, inclusive. Range 10. Townships 13 to 25, inclusive. Range 14. North half township 6 and all of townships 7, 8, 9, 10, 14, 15, and 16. Range 15. North half township 6 and all of townships 7, 8, 9, 10, 15, and 16. Range 17. Townships 13 to 16, inclusive. Range 20. Townships 11 to 16, inclusive. Range 21. Fractional townships 12 to 16, inclusive. TOWNSHIPS NORTH, RANGES EAST, GILA AND SALT RIVER MERIDIAN, ARIZONA Range 27. Townships 20 and 21 north. Range 28. Townships 19, 20, and 21. Range 30. Townships 19 to 23, inclusive. Range 31. Fractional townships 21, 22, and 23. The gross area in round numbers is about 4,000,000 acres. However, it is believed that there will actually be not much exceeding 1,000,000 acres that may be classed as public domain, there being within the townships large areas of privately owned lands, including Indian allotments, and also considerable areas in existing withdrawals made in behalf of the United States. The area proposed is an enlargement of that existing from 1907 to 1911 as an addition to the Navajo Reservation and restored to the public domain. These lands are mostly within the railroad land grant area made by the act of July 27, 1866 (14 Stats. 292), the odd numbered sections passing to railroad ownership. These checkerboard holdings of the Government and the land grant road resulted in considerable friction, and in the effort to bring about a better condition we obtained the act of March 3, 1921 (41 Stats. 1225-39), under which we are attempting to make consolidations in San Juan, McKinley, and Valencia Counties in New Mexico, as provided by the act. One of such consolidations approximately something over 20,000 acres has already been accomplished through negotiations with the land company of the Santa Fe Pacific Railroad. Others are in progress of being made through the activities of our field officers and the land commissioner of the Santa Fe Co. The great difficulty is that during such negotiations land titles frequently change, especially public domain lands, by entries being permitted under the homestead and other land laws which greatly interfere with and disarranges our consolidation plans. The New Mexico and Arizona Land Co., and the land company of Santa Fe Railroad as successors in interest to the Atlantic & Pacific Railroad Co., have disposed of only a comparatively small acreage of the grant lands (the oddnumbered sections), and it is with these companies that substantially all of our consolidations will be made. It will be noted that the proposed temporary withdrawal includes also about 17 townships in Arizona adjoining the western boundary of New Mexico, and the Navajo reservation. While we have at present no consolidation act af fecting these Arizona lands, there was a bill pending in the last Congress to authorize this being done and this proposed withdrawal is in the interest of legislation. In connection with this proposed withholding temporarily of public domain lands from entry, which will affect vitally the interests of Navajo Indians. attention is invited to the acts of May 25, 1918 (40 Stats. 570), June 30, 1919 (41 Stats. 34), and March 3, 1927 (44 Stats. 1347), which prohibit the creation of Indian reservations or changes in boundaries unless by act of Congress, but this proposed withdrawal is not in any sense a permanent Indian with drawal. It is too all intents and purposes a temporary withholding of lands from all forms of disposal in order to carry out the provisions of legislation already enacted by Congress, or in the aid of legislation to be recommended at the next session. We therefore believe that there is ample power in your hands to withhold the filing of all entries under the public land laws and all Indian allotment and homestead laws within the area identified in this letter for a reasonable time in order that we may carry out the proposed exchanges and consolidations. In the light of the foregoing, we earnestly recommend your approval of the temporary withdrawal of all the unreserved, and otherwise undisposed of lands within the townships described herein, such withdrawal to be subject to all prior valid rights and claims of any persons. Respectfully, J. HENRY SCATTERGOOD, Temporary withdrawal approved and referred to the Commissioner of the General Land Office. RAY LYMAN WILBUR, Secretary. SOUTHERN NAVAJO AGENCY, Fort Defiance, Ariz., May 16, 1931. Washington, D. C. The COMMISSIONER OF INDIAN AFFAIRS, DEAR Mr. COMMISSIONER: Reference is made to letter addressed to your office by superintendent S. F. Stacher on date of May 11, 1931, wherein request is made that certain areas of land in the State of New Mexico, and occupied by Indians, be withdrawn from homestead entry, etc., in accordance with the act of June 25, 1910 (36 Stat. 847). In this connection it is urged that areas similarly occupied in the Arizona section of the Southern Navajo jurisdiction be included in this proposed withdrawal. This action is very necessary as considerable homesteading on the part of white people is underway. It is realized that adjustments of the land problems of those Navajos living off the reservation are considerably involved and, in order that complications now existing may not become worse before such adjustments are worked out, this action of withdrawing the lands described, from entry, is highly advisable. It is requested, therefore, that these areas in Arizona be included in the lands which are proposed to be withdrawn in the communication referred to from Superintendent Stacher. Very truly yours, JOHN G. HUNTER, PROPOSED LAND WITHDRAWAL FROM THE PUBLIC DOMAIN FOR THE SOUTHERN NAVAJO JURISDICTION Townships, 20, 21, north, range 27 east, Gila and Salt River Meridian. Townships, 19, 20, 21, 22, 23, north, range 30 east, Gila and Salt River Townships, 19, 20, 21, 22, 23, north, range 29 east, Gila and Salt River Meridian. Townships, 19, 20, 21, 22, 23, north, range 30 east, Gila and Salt River Meridian. Townships 21, 22, 23, north, range 31 east, Gila and Salt River Meridian. UNITED STATES DEPARTMENT OF THE INTERIOR, Hon. LYNN FRAZIER, OFFICE OF INDIAN AFFAIRS, Crownpoint, N. Mex., May 2, 1931. Chairman Senate Subcommittee. DEAR SIR: After hearing the testimony brought out before the Senate subcommittee at Crownpoint, N. Mex., April 30, 1931, relative to the necessity of securing more land for the grazing of the domestic animals owned by the Indians under this jurisdiction, the following memorandum is submitted in the hope that it may be useful in solving the land problem at this jurisdiction: Testimony brought out by private white stockmen indicated or emphasized that the present acreage of range controlled and used at the present time at this jurisdiction was ample to take care of the needs of the grazing animals of the Navajos. That statement is not corroborated by other testimony given regarding acreage used by white stockmen in running their sheep. Statements made by Mr. Lee, secretary of the New Mexico Woolgrowers' Association, show |