INTIMPEACHES: Antonio, chief; Sisto.

TU-HUC-MACHES: Sylvister, chief; Cervantes.
TOR-NECHES: Castro, chief; Jose Antonio.
HOLCUMAS: Hamuch, chief; Tomas.

WIC-CHUM-NES: Eahal, Manuel, Ignacio, Chilo.
TO-LUM-NES: To-hil-na, Joaquin.

CAH-WAIS: Francisco, Bautista, Rafael.

YO-KOLS: Echa, Juan Tamato, Jose Maria.

Signed and sealed in duplicate, after being read and explained, in the presence of

H. S. BURTON, Interpreter.

N. H. MCLEAN, Secretary.

W. S. KING, Assistant surgeon, U. S. army.

T. MOORE, Second lieutenant 2d infantry.

H. G. J. GIBSON, Second lieutenant 3d artillery.

APPENDIX G.

REPORT ON NEEDS OF SOME CALIFORNIA INDIANS, BY MALCOLM MCDOWELL.

JANUARY 15, 1920.

SIR: When I was making a survey of the Indians of California during September, October, and November last, for the use of the Senate. Committee on Indian Affairs (my report of this survey was transmitted to the Senate committee by the Secretary of the Interior January 9), I took every opportunity which presented itself to investigate the conditions, needs, and desires of the Indians, and beg to present the following report of those matters touching the Indians which were not pertinent to the survey made for the Senate committee.

In several places in California I found what appeared to be excellent opportunities for early investigations by the Indian Service, more particularly by its irrigation section, which might lead to increasing the usefulness of land bought by the Government for nonreservation Indians but which is nowhere near utilized to its capacity because of lack of water for irrigation or domestic purposes. This might make unnecessary the purchase of land for land-needing Indians in some sections of the State.

My attention was directed to the paradox of land-owning Indians who practically are landless. They have allotments which, for various reasons, are useless to them; allotments made many years ago by allotting agents who, apparently, did not take the pains to view the land they were dividing among the Indians. Allotments are made with more care now, because they are made on the ground, but in former years I doubt if the alloting agents ever saw the allotments they made to the Indians in the northern part of California, for assuredly no man with any land sense whatever would have given the Indians some of the tracts I saw had he, himself, first seen the land.

I respectfully submit the following suggestions:

(1) That the irrigation section of the Indian Service investigate the practicability of an inexpensive irrigation system for the Government-owned tract of land of 330 acres known as the Digger

Indian Reservation, Amador County, now used by very few Indians, but which, with irrigation, it is believed can be made useful for 100 families; also that the Indian Office inquire into the possibility of acquiring 40 acres of highly developed land adjoining this reservation which is owned by the city of Jackson and which would provide for a large number of Indians.

(2) That the irrigation section investigate the development of the underground water supply of the 40 acres bought for Indians near Colfax, Placer County, and of the 40-acre tract near Ione, Amador County.

(3) That the irrigation section make a preliminary investigation of irrigated lands in the vicinity of Likely, Modoc County, for the purpose of furnishing necessary information to the Indian Office should it be desired later to provide lands for the Pit River Indians who have been given worthless allotments.

(4) That allotments of land made to reservation and nonreservation Indians which are entirely useless, which can not be available for use or profit for many years or which are unavailable because of poor location, lack of water, or any other good reasons, be disregarded as allotments and exchanged for lands which can be made available for home sites or small farms. Most of these allotments belong to Indians under the Hoopa Valley, Greenville, and Fort Bidwell superintendencies.

About 4 miles from Jackson, the county seat of Amador County, is a tract of 330 acres of land which was purchased by the Government in 1893 for the Digger Indians. It is high rolling land; a large part of it is suitable only for grazing after the underbrush and trees are cleared so as to give the wild grass a chance to grow. This is called the Digger Indian Reservation and is under a farmer who not only has charge of the Indians on the tract but also has under his care the Indians in Tuolumne, Calaveras, Amador, Eldorado, and Placer Counties and several outlying rancherias in Lake, Glenn, Fresno, and Colusa Counties. When I was on this reservation in October last there were three Indian families on the place. Their cabins stand near the home of the agent, and this little section of the reservation forms a tiny community which has a fine spring for a water supply.

The principal bands of Indians under the jurisdiction of this little superintendency are the following:

In addition to the Indians in these bands, there are about as many more scattered Indians in the counties within this jurisdiction. Probably if an accurate census could be taken it would be found

that fully 1,000 Digger Indians are in the Digger Indian Agency jurisdiction. Most of these Indians are mixed bloods, very few full bloods. All of them talk English. All wear the clothing of white people and all are self-supporting excepting a mere handful of poor, sick, and old who are rationed by the Government or receive charity from their white neighbors.

The farmer in charge of the Digger Indian Agency is Mr. John W. Shafer, who, with his wife, lives on the 330-acre tract. With Mr. Shafer I went all over this little reserve, which, when it was bought 27 years ago, was supposed to take care of all the landless Indians in that community, but the Indians did not respond to the efforts of the Government in their behalf, and the reason is clearly apparent to anyone who walks over the tract. No attempt has been made to provide water for irrigating except for the few acres around the agency home which is watered from the big spring on the premises. And even this spring is not utilized to its fullest irrigating capacity. Mr. Shafer told me the flow from this spring is sufficient to irrigate 25 acres, and it now only waters the orchard and garden of the agency, in which are grown beans, corn, tomatoes, potatoes, and other garden truck, figs, apples, plums, pears, apricots, grapes, and particularly fine peaches. The yield from the 2-acre garden is astonishingly large. It demonstrates what can be done in that soil and in that climate if but water is added to the soil. Wheat for hay only is "dry farmed" on the reserve.

A large miners' ditch crosses the northeast corner of the reservation in which there was flowing, at the time of my visit, water forming a stream about 4 feet wide and 14 feet deep. It is an old ditch and its water can be made immediately available, I believe, and at small expense to irrigate satisfactorily about 30 acres of land in the east end of the reserve which in years past had been cleared. A cursory inspection warrants the statement that about 160 acres can be irrigated from this ditch at a very small cost.

Adjoining the reserve on the east end are 40 acres owned by the city of Jackson and which, for a number of years, was used as an experimental farm and orchard by the agricultural department of the University of California. It has been highly developed agriculturally and horticulturally; all kinds of garden crops were successfully grown there and all kinds of fruit trees are on that tract to-day. It was irrigated from the same ditch which crosses the northeast section of the reserve. For some reason the university's agricultural department stopped using the land about five years ago and it has, of course, grown up in weeds.

There is a possibility that this 40-acre tract can be secured by the Government for the Indians from the city of Jackson at exceedingly attractive terms. I was told that the city of Jackson will be willing to turn this piece of land over to the Government for the use of the Digger Indians if the Government would build 2 miles of road and maintain it in the vicinity of the tract, but was unable to confirm this information because the trustees who hold the land for the city were not in Jackson at the time I was there.

If 160 acres of the Digger Reservation can be irrigated and if the water from the spring at the agency can be lifted to a high-line ditch for irrigating 25 more acres there will be made available enough land for home sites for over 100 families of Indians, and if the adjoining

40 acres can be secured there could be established in that part of Amador County an Indian community of 600 or 700 people living on good soil with water for irrigating and domestic purposes and within convenient distance from work. I was informed, in Jackson, that there always would be work for Indians in that section of California.

I therefore recommend that the Commissioner of Indian Affairs direct the irrigation section to inspect this site for the purpose of determining its irrigation capacity and the cost of making it available for landless Indians. Also I would recommend that the Indian Office get in touch with the proper authorities of the municipality of Jackson in an effort to secure for the use of the Digger Indians the 40-acre tract adjoining the reservation which was used by the University of California as an experimental farm.

Within recent years the Indian Office purchased a piece of land containing 40 acres near Ione, in Amador County, about 12 miles east of Jackson, and another piece of the same size near Colfax, Placer County, about 50 miles northeast of Sacramento on the Southern Pacific Railroad. The Ione land was bought for the use of 103 Indians. It is part of a very large area, formerly a Spanish grant, now used by a large cattle company. Before its purchase a few Indians lived on the tract and worked for what is known as the "Grant "the cattle company. This land is rolling and too high to get water on it, but a little piece in the corner, around a well where a few Indians are living, seems to be about the only place where water for domestic purposes can be had.

As the Government has bought this land, it might be well for the irrigation section to view it for the purpose of passing upon the practicability of sinking enough wells for domestic purposes to warrant the establishment of an Indian village on the site. The Colfax tract, it seems to me, was not a particularly fortunate purchase although it only cost $800. A very large portion of the land is taken up by a wide, deep canyon. No Indians were living on it and the Indians I talked with, who were renting land or squatting near Colfax, told me they could see no good reason why they should move to the Colfax tract. However, there is water for irrigation that can be had. My casual investigation led me to express an opinion. that it would cost more to irrigate this land than the land was worth, so I would suggest that an engineer of the irrigation section go to Colfax and look over the land to determine if it is feasible to drive wells for domestic water and to irrigate the agricultural land on the tract. There is considerable timber on the property, the adjoining cleared farms seem to do pretty well without water, and there is a possibility that the tract may be made available for the use of the Indians.

In Tuolumne County there are at least 200 Indians, most of whom belong to the class called landless. About 150 of them live in bands, as follows:

The Indians at Murphys live in Calaveras County, just across the line, but are always counted with the Tuolumne Indians because, with the latter, they are under the direct supervision of Miss Eleanor Elizabeth Tebbetts, field matron on the Tuolumne rancheria, who is under the supervision of the Digger Indian Agency.

The Tuolumne rancheria, containing about 391 acres, lies about 2 miles north of the city of Tuolumne, which is on the Sierra Railroad. It formerly was the old Smith ranch and evidently was worked by gold miners, for there are a number of old mines on the place. The soil is good, and about 100 acres are now under an irrigation ditch which cost about $4,000 to build. It is believed that another 100 acres can be irrigated without much expense. This tract has on it considerable pine and oak.

There are 33 allotments, or rather assignments of lots, running from 3 to 30 acres each, which have been assigned to as many Indian families. Only about 12 families, however, are living on their lots and using them. Last year the influenza carried off seven of the little band of Indians on this rancheria. The smaller lots are irrigated and are without rocks, so all of the area can be used, and it has been demonstrated that from 3 to 5 acres of this irrigated land not only will furnish a family enough vegetables and fruits for its own use, but will give a surplus which can be sold for cash. This is a fruit and berry country. Miss Tebbetts, the field matron in charge, has made a marked success in the growing of strawberries and other small fruits and in growing peaches, apples, pears, and other fruits, to say nothing of vegetables.

The Indians have built houses on their lots, and of the 13, only 4 were built with any Government reimbursable aid. About 13 lots have been improved-that is, they have been cleared and fenced-and apple, cherry, and pear trees have been planted, and houses having from two to four rooms, windows, and wood floors have been built. There is not a house in the place that has an earth floor, and all of these Indians use tables, beds, stoves, and rugs, and pictures hang on the walls. Women raise the berries and small fruits. Some wheat, oats, and barley are raised for their hay, but only one Indian has a cow.

The Indians began coming into this place only about six years ago. Before that they were living on the outskirts of the town, doing all the rough work for 10 cents a half day. They were regarded then as thieves, gamblers, and drunkards. Miss Tebbetts, who has been there from the beginning, told me that the progress of the Indians who came into the rancheria only a few years ago has been marvelous. In former years the Indian women were very willing to take any old cast-off clothing, no matter how dirty or ragged. They now refuse charity of any kind, and insist upon buying new things from the Tuolumne stores, and have taken to wearing tight skirts and high-heeled shoes.