11/16/21

California Indians Jurisdictional Act

HEARINGS

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

SEVENTY-FIFTH CONGRESS

FIRST SESSION

ON

S. 1651

LIBRARY

DEC

3 1937

DOCUMENT

A BILL TO AMEND THE ACT ENTITLED "AN ACT AUTHORIZING
THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA
TO BRING SUIT IN THE COURT OF CLAIMS ON BEHALF
OF THE INDIANS OF CALIFORNIA", APPROVED
MAY 18, 1928 (45 STAT. L. 602)

AND

S. 1779

A BILL TO AMEND AN ACT ENTITLED "AN ACT AUTHORIZING
THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA
TO BRING SUIT IN THE COURT OF CLAIMS ON BEHALF
OF THE INDIANS OF CALIFORNIA", APPROVED MAY
18, 1928 (45 STAT. L. 602), BY AMENDING CERTAIN
PORTIONS THEREOF AND BY ADDING
CERTAIN PROVISIONS THERETO

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

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.
The CHAIRMAN. You were not here last Monday, I believe.

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