11/16/27 HEARINGS BEFORE THE COMMITTEE ON INDIAN AFFAIR UNITED STATES SENATE SEVENTY-FIFTH CONGRESS FIRST SESSION ON S. 1651 LIBRARY BD 33 1937 DOCUMENT A BILL TO AMEND THE ACT ENTITLED "AN ACT AUTHORIZING AND S. 1779 A BILL TO AMEND AN ACT ENTITLED “AN ACT AUTHORIZING PART 2 MAY 17, JUNE 21, 28, 29, 30, JULY 26, AUGUST 2 AND 9, 1937 14286 Printed for the use of the Committee on Indian Affairs UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1937 CALIFORNIA INDIANS JURISDICTIONAL ACT L MONDAY, MAY 17, 1937 UNITED STATES SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, D. C. The committee met, pursuant to adjournment, on March 12, 1937, at 10:30 a. m., in room 424-A, Senate Office Building, Senator Thomas of Oklahoma (chairman) presiding. Present: Senators Thomas of Oklahoma (chairman), Wheeler, Chavez, and Frazier. The CHAIRMAN. The committee will now resume consideration of bills S. 1651 and S. 1779, having to do with authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California. Senator Butler, do you still represent some of these California Indians? Mr. BUTLER. Yes, Mr. Chairman, the Mission Indians. The CHAIRMAN. How many of them? Mr. BUTLER. Somewhere between three and four thousand. Mr. BUTLER. No. I did not know that this matter was coming up at that time. I understood it would not come up until this morning. The CHAIRMAN. Have you some suggestions to make on this proposed legislation? Mr. BUTLER. Yes, Mr. Chairman, we wish to submit the amendments to the present jurisdictional act which we think are necessary to enable the Court of Claims to render a judgment which will do justice to these Indians. First, we want you to hear Mr. Shipe present a statement which has been prepared in reply to the report of the Department of the Interior on these two bills, S. 1651 and S. 1779. The CHAIRMAN. I must leave to attend another meeting. I will ask Senator Wheeler to preside. Senator WHEELER (presiding). You may proceed. Mr. BUTLER. We have supported the "right of occupancy" of these Indians with an unbroken line of decisions of the Supreme Court from Chief Justice Marshall to Chief Justice Hughes in refutation of the statement of the Interior Department that they have no legal or equitable rights and that anything paid them will be "a pure matter of grace." Senator WHEELER (presiding). Will you just take a seat opposite the committee reporter? Mr. BUTLER. Mr. Chairman, Mr. Shipe will present this statement and brief in reply to what is said in the Department's report on S. 1651 and S. 1779. Those who have conferred and prepared this state |