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no attorney shall have a right to represent the said tribe or any band thereof in any suit, cause, or action under the provisions of this act until his contract shall have been approved as herein provided. The fees decreed by the court to the attorney or attorneys of record shall be paid out of any sum or sums recovered in such suits or actions, and no part of such fee shall be taken from any money in the Treasury of the United States belonging to such tribes or bands of Indians in whose behalf the suit is brought unless specifically authorized in the contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior as herein provided: Provided, That in no case shall the fees decreed by said court amount to more than 10 per centum of the amount of the judgment recovered in such cause.

These Indians are living on the Fort Berthold Reservation in North Dakota by virtue of certain treaties with the United States. They claim that the Government has taken from them certain lands which belong to them, and has disposed of them to other people by certain acts of Congress, and did so without any consideration being paid them. They simply desire the institution of a tribunal before which they can be heard, and are willing to accept the court of the Government which they claim has wronged them. There are 1,200 of these Indians and they are persistent in their demands that they be given what they consider their rights. The information is that if they could have a trial of their cause in the court, and an adjudication thereof after the evidence has been produced, they would be satisfied.

Appended hereto is a letter from the Secretary of the Interior which is made a part of this report.


Washington, August 21, 1919. MY DEAR MR. EDMONDS: I have the honor to acknowledge receipt of your letter of August 15, inclosing for report a copy of bill (H. R. 4382) To confer on the Court of Claims jurisdiction to determine the respective rights of and differences between the Fort Berthold Indians and the Government of the United States.

The bill has the same purpose as S. 4526, upon which favorable report was made by me February 29, 1916, and which passed the Senate April 20, 1916. However, the present bill differs from the latter in several important particulars, as follows:

1. It does not allow an appeal by either party to the Supreme Court of the United States.

2. It does not specifically authorize the court to consider counterclaims and set-offs which the Government may have against these Indians.

3. It does not limit the time in which the suit is to be filed.

4. It does not allow the court to join any band or bands of these Indians which may be living apart from the reservation.

5. It fails to make any provision for attorneys to represent the Indians, such attorneys to be employed in accordance with existing law.

In order that the bill may properly protect the interests of the Indians and of the Government, it is recommended that it be amended, as follows: Page 1, strike out all after enacting clause to the end of the bill, and insert in lieu thereof the text of S. 4526, Sixty-fourth Congress, first session, which was passed by the Senate April 20, 1916, such lieu insertion to begin with the word "That" on page 1, line 3, thereof, and to extend to and include the word “cause" on page 4, line 9, thereof.

Should the bill be amended, as herein indicated, I would not object to its enactment. There are, approximately, 1,000 Indians on the Fort Berthold 'Reservation. Their alleged claims against the Government have not been formulated, and, therefore, I have no definite knowledge of the amount thereof. In all such cases, however, where the Indians believe they have a just claim against the Government, I am willing, if possible, to permit them to go before the Court of Claims for a judicial determination thereof, notwithstanding the fact that they may not have established a prima facie case prior to asking authority to go into the said court Cordially, yours,

FRANKLIN K. LANE, Secretary. Hon, GEORGE W. EDMONDS, Chuirman Committee on Claims, House of Representatives.




AUGUST 26, 1919.-Committed to the Committee of the Whole House on the state of

the Union and ordered to be printed.

Mr. Mays, from the Committee on the Public Lands, submitted tho



[To accompany S. 425.)

The Committee on the Public Lands, to whom was referred the bill (S. 425) to establish the Zion National Park in the State of Utah, having had the same under consideration, report thereon without amendment and with the recommendation that the bill do pass.

Within the past year the State of Utah has completed an excellent motor road from Salt Lake City to Zion Canyon, a distance of somewhat over 300 miles. The Government has built a good road through the canyon. The Salt Lake Route Railway has a station at Lund, whence motor stages carry visitors to the canyons, so that transportation difficulties have now been completely removed. Within the reservation, on the valley's floor, there is a permanent camp, which provides comfortable accommodation for visitors.

The Arrowhead Trail, an automobile road from Los Angeles to Salt Lake City, passes within 20 miles of the entrance to the proposed park. The Government has just constructed a bridge over the Virgin River within the proposed park and constructed an automobile road within the reserve. The State has made a good road from the Arrowhead Trail to the entrance. W. W. Wylie, so well known as the founder of the “Wylie Way" in the Yellowstone Park, and who for 26 years conducted the Wylie camps there, has obtained from the Department of the Interior a franchise to maintain and operate permanent camps in the proposed Zion National Park.

From an archæological point of view it is highly important that the Government should preserve this important source of scientific research. Along the perpendicular sides of these great gorges are the homes of the prehistoric cliff dwellers of this land. It will be agreed that the preservation of these ruins from the despoiling hands of commercial interests ought to be undertaken by the Government itself.

The bill was referred to the Department of the Interior, and the Secretary furnished the Senate committee with the following report thereon:


Washington, June 12, 1919. MY DEAR SENATOR: I have your request of June 5 for report on S. 425, a bill to establish the Zion National Park in the State of Utah. As this bill is identical with S. 5039 of the Sixty-fifth Congress, I am inclosing a copy of my favorable report on that measure for the use of the committee. I have no additional information or suggestions to add to that report. I regard this park project as being in every respect worthy of early favorable consideration of Congress. Cordially, yours,

FRANKLIN K. LANE, Secretary. Hon. Reed Smoot,

United States Senate.


Washington, December 27, 1918. MY DEAR SENATOR: I have your request of November 22 for a report on S. 5039, “A bill to establish the Zion National Park in the State of Utah.'

This measure provides that Zion National Monument, reserved under the act of June 8, 1906 (34 Stat., 225), by proclamation of the President dated July 31, 1909 (36 Stat., 2498), and March 18, 1918 (40 Stat., proc. 1435), shall be elevated to the status of a national park. Copies of the proclamation establishing the monument are attached hereto.

This reservation, which is located in Washington County, southwestern Utah, was named Mukuntuweap National Monument by the proclamation of July 31, 1909, but the later instrument, which enlarged the monument from 15,840 acres to 76,800 acres changed the name to Zion. The name Mukuntuweap was an Indian expression of doubtful meaning and had no particular association with the area reserved. The name Zion, however, is peculiarly appropriate. The Mormon pioneers who settled in the Virgin River region more than 60 years ago called the gorge of the north fork of this river Little Zion Canyon, because wey regarded this place as a refuge to which they might repair in case of hostile Indian raids.

Zion Canyon is an extraordinary gorge cut from brilliantly colored sedimentary rocks by the North Fork of the Virgin River. Its proportions are about equal to those of Yosemite Valley in Yosemite National Park; the walls are several hundred feet lower and the canyon is considerably narrower. In the cutting of the gorge, however, the torrential stream and wind and rain have carved domes, spires, towers, and other curious forms that strikingly resemble many of the features of Yosemite Valley. More interesting than the carving of Zion's cliffs is their exquisite coloring. Red predominates, as it does in the Grand Canyon in Arizona, but there are amazing combinations of brown, black, and white colors with the red and with each other. White sandstone is superimposed on the red strata, and other layers of the red rock lie in turn upon the white. The action of water upon the exposed surfaces of these rocks has produced a symphony of color that gives the canyon its greatest charm. The finishing touches are given by the forests of the valley Hoor and the trees on the rim and in the niches of the nearly perpendicular canyon walls. Early scientific explorers of the Southwest, including Maj. J. W. Powell, who made the first trip through the Grand Canyon of the Colorado River, visited Zion Canyon and wrote of the great beauty of the gorge and the brilliance of its coloring, and several artists, including Thomas Moran, have conveyed the wonders of the region to the world by paintings of distinction.

For many years, however, southwestern Utah was inaccessible to the tourist. Poor roads and tremendous distances discouraged travel, even by the pathfinding motorist. Then came the great development of the

resources of this section of the State, following the completion of the Salt Lake route. This included extensive road improve ment. Recently the State highway system was extended to include all of the roads between Salt Lake City and Zion Canyon and the branch highway to Lund and other points on the Salt Lake route.

Thus made accessible by automobile and by train and motor, visitors sought Zion Canyon and the north rim of the Grand Canyon. In 1917 it became necessary to establish a regular transportation line from the railroad at Lund and a permanent camp enterprise in the gorge itself. Facilities for the accommodation of the public are now as good as they are in many of the large national parks. There are few roads and trails in the national monument, however, and many improvements will be

required therein within the next few years. In the deficiency appropriation act approved September 8, 1916 (39 Stat., 818), $15,000 was appropriated for improving the road in the monument from the end of the State highway, but very little ürüney for maintenance has been available since this work was completed.

I have dwelt particularly upon Zion Canyon because it is now so readily accessible and because it is actually being used as a tourist resort, but there are other canyons in the reservation that are bigger and even more beautifully colored. Still more remain to be entered and explored. In time they will all be open to the public. Furthermore, there are in the reservation mountains, waterfalls, natural bridges, ancient cliff dwellings, and numerous other features interesting to the tourist and exceedingly valuable to the scientist and student. The entire area should be protected for all time as a national park, and I recommend that the bill under consideration receive the approval of your committee and of Congress. I have no criticism to make of the form and substance of this bill.

Practically all of the land affected by the pending legislation is unappropriated public land. The alienated lands within the boundaries of the proposed park are properly classified in the lists attached hereto. Cordially, yours,


Chairman Committee on Public Lands, United States Senate.

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