E 93 Ss BANCROFT LIBRARY > THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA [No. 117 Second Series 3000] INDIAN RIGHTS ASSOCIATION, 995 DREXEL BUILDING, PHILADELPHIA, PA. A PROBLEM "OVER HERE" BY MATTHEW K.ijSNIFFEN SECRETARY OF THE INDIAN RIGHTS ASSOCIATION Washington Office: S. M. BROSIUS, Agent, McGill Building, Washington, D. C. 13 From "The Churchman," May 10, 1919. A PROBLEM "OVER HERE" BY MATTHEW K. SNIFFEN Forty years ago a prediction that the American Indian would some day fight shoulder to shoulder with the white man to pre serve our civilization would have met with derision. Yet today there are approximately 10,000 Indians in our army and navy (mostly volunteers), who have done their part in the gigantic struggle to make the world safe for democracy. Back from the firing line, thousands of them have shown their patriotism in other ways. Their subscriptions to the four Liberty Loans were about $20,000,000; they have been industrious in Red Cross work and other war activities, and responded splendidly along agricultural and stock-raising efforts. And, strange as it may seem, the ma jority of these Indians do not enjoy the privileges of that democ racy for which they have worked and fought ! Because of the magnitude of the war, some home problems are in danger of being overlooked by the people of the country ; and so far as the Indian is concerned, that is exactly what certain exploiters greatly desire. They w^ill not neglect the opportunity that such a situation presents, but will take full advantage of it. In the early days of this country the schemers sought to despoil the Indian by force; by inciting outbreaks and causing him to be "moved on" under the pretext that his presence was a menace to the peace of the border. Now the same ends are often attempted in a more subtle way "under cover of law," by act of Congress. Within the brief limits of this article I must assume that the reader possesses a certain knowledge of the subject; that he understands the past blundering and plundering policies; how solemn treaties were merely "scraps of paper"; how the Indian service was cursed by politics; how the guardian government, through indifferent or incompetent employes, allowed the ward to be robbed, until an awakened public conscience demanded that the Indian be treated with justice, honesty and intelligence. 3 The present policy is jo transform the Indian into a law-abid ing citizen, and yet he has been the victim of the most brutal and lawless methods on the part of those who sought to deprive him of his rights. Such things were of common occurrence in the past, but what about the present, when the greatest battle in the world's history has decisively refuted the doctrine that might is right? Let me answer the question by citing three cases that are now engaging our attention. Recently a petition reached our office from the 3,000 Navajo Indians under the jurisdiction of the Pueblo Bonito Agency, New Mexico, calling attention to the many grievances and wrongs they have suffered at the hands of a small group of American stockmen. This particular section has been the home of a por tion of the large Navajo tribe for probably a century or more. The present generation has made rapid progress, is thrifty, law- abiding and self-supporting, and their industry contributed largely to the building up of prosperous towns adjacent to their reservation, where many Americans have amassed comfortable fortunes as a result of their trade. But in the midst of this progress the stockmen began to fence in many miles of the coun try, monopolizing the Indian lands, driving them off their indi vidual allotments, and when that action was resented the Indians were threatened and intimidated. Instead of resorting to force to eject the intruders, these Indians sum up their case in the fol lowing simple but eloquent manner: We appeal to the fair and unbiased judgment of every loyal American : Is it right to intimidate, terrorize, and en deavor to drive out 3,000 self-supporting, law-abiding Navajo Indians, with their flocks and herds, for the sole benefit of ten or twelve American stockmen? We ask the American people to investigate our matters here. Who have invested the most money in Liberty Bonds, or contributed the most to the Red Cross funds? The ten or twelve American stockmen, or our 3,000 Navajo Indians? A representative of the Indian Rights Association visited these Indians last fall and secured first-hand information that verifies their statements. The matter has been presented to the authori ties at Washington, but legislation may be required to secure an adequate adjustment of the difficulties. In that event, will not the American conscience support this plea for justice? It was 4 Secretary Stan ton who said to Bishop Whipple : " Congress never redresses a wrong until the people demand it." The Mescalero reservation, in New Mexico, is a tract of about 300,000 acres, and the home of 625 Apache Indians. While not adapted to agriculture, the country is fine for grazing sheep and cattle. In addition, the reservation contains standing pine timber worth at least $3,000,000. A bill is now pending in Congress that proposes arbitrarily to make this reservation a national park, or playground, "for the benefit and enjoyment of the people of the United States." The consent of the Indians has not been asked, nor does the bill provide compensation for the confiscation of their property. The whites of that section are not suffering for pleasure grounds, as the National Forest reserves adjoining the Mescalero country on the north and south are more than ample for their needs. The fact that the senator who introduced the bill has a ranch adjoining the reservation, and that its passage would un doubtedly increase the value of his private interests, makes his advocacy of such a measure indelicate, to say the least. Six thousand Pima Indians live on a reservation near Phoenix, Arizona. They are thrifty, industrious and law-abiding, and it is their proud boast that they never made war on the white man. They have always been self-supporting, and ask aid from no one if their water rights are respected. The country is hot and arid, and without irrigation agriculture is a failure. By reason of priority of use, these Indians have the first legal right to the nor mal flow of the Gila River, but the whites above them simply take practically all the water regardless of that fact. During the past summer I visited this reservation, and also went over the farming region above it. What I saw clearly answers the ques tion, "Why don't the Pimas get their water?" Along the Gila River there were seven diversion dams by which the water was carried to the various ranches of the whites, while the Indian ditches were bone dry. The crops of the former were prosper ous looking, but on the reservation the Indians' fields were parched and ruined. The Indian Bureau is now preparing to take legal action to secure an equitable division of this water, and it is hoped that something will be accomplished soon. Meanwhile, the Pimas are threatened with an "inside" danger. A former superin- 5 tendent of the Pima Agency, who stands high in the councils of the Indian Bureau, recently acquired a financial interest in a large ranch that joins the reservation. This gentleman, who is still in the Indian service, has a thorough knowledge of the legal and physical aspects of the question at issue, and he has probably been advising the authorities on the situation. It was claimed by friends of the Pimas that this ranch was unlawfully diverting water that should have gone to the Indians, and that their erst while friend knew that such was the case. Not wishing to trust to rumor, I interviewed this official at Phoenix, when he not only admitted his financial interest in this ranch, but he acknowledged that his company was not entitled to the water; that they knew it belonged to the Indians. Notwithstanding this admission, I saw and photographed, not one, but four, diversion dams that this company had built across the Gila River, that made it al most impossible for any water to reach the Indian ditches below. These facts were presented by me to the Indian Bureau upon my return from the west a few months ago and it is hoped that the conclusion will soon be reached that anyone connected with the effort to protect the Pima water rights should be above suspicion. Certainly he should not be allowed to "carry water on both shoulders," for thus far it has not spilled on the right side. His continuance in the Indian service would seem to be untenable.* This statement is hardly a matter of controversy, but an attempt has been made to evade the real issue by accusing those men tioning it of being pro-German ! How appropriate from one who adheres to the Hun doctrine that might is right! What would happen if these schemers attempted to dispossess white settlers of their rights under similar circumstances? Prob ably armed resistance and bloodshed, if past history has any value; yet the Indian, instead of resorting to force, is trusting, with child-like faith, that his rights will be protected by the guardian Government. In spite of defects in administration and adverse environment, the Indian has made rapid progress in the past three decades. He is now in a transition stage, and it should be noted that he was asked to do more than was ever expected of the white man, namely, to take a step in a generation or two that required cen turies for the Anglo-Saxon race. He has advanced more speedily * Since this article was written the official referred to has resigned. 6 than the regulations under which he is governed. Secretary Lane well said: "We are to control less and to help more. Pa ternalism is to give way to fraternalism." In other words, departmental red tape, with its various and petty restrictions, should be rapidly reduced and not increased. The time has come when all Indians should be under the same law that governs the whites; when they should enjoy all the rights of that democracy which they have helped to maintain. This is aimed at in the Carter-Heyden bill, now pending in Con gress, which provides in its opening section that "every Indian born within the territorial limits of the United States is hereby declared to be a citizen of the United States and shall have the benefits of and be subject to the laws, both civil and criminal, of the state or territory in which he may reside." I do not want to close this article without merely mentioning the fact that the efforts of the Christian missionaries, the de velopment of a governmental educational system and especially the pioneer work of General R. H. Pratt at Carlisle together with some able and intelligent men and women in the Federal Indian service, have done much to bring about this advance of the Red Man. Another factor that should not be overlooked is the Indian Rights Association, which was organized thirty-six years ago (as a result of Bishop Hare's invitation to Herbert Welsh and Henry S. Pancoast to visit the Sioux country), to produce "such public feeling and congressional action as shall secure to our Indian population civil rights and general education, . . . and in time bring about the complete civilization of the Indians and their admission to citizenship." In the beginning of its work, the late General Armstrong, the founder of Hampton Institute, suggested a policy that has been strictly adhered to by the Association, namely, a first-hand study of actual conditions by frequent visits to the reservations, and on the basis of the information thus gathered, appeal to the proper authorities and the public. The effect of these efforts is summarized in a statement written by Bishop Hare shortly before his death, as follows: The Indian Rights Association as a free and independent society has given to the cause of Indian rights disinterested ability of a high order. It has brought to light hidden things of darkness. It has made officials feel that thev were under the public eye. It has made ears attentive to cries for help which otherwise had been deaf, and it has given faithful officials the reward and help of knowing that they would have in all their right measures strong public backing. With out it the friends of the Indian would feel that by definite, earnest effort they could accomplish but little and were beat ing the air. While much has been accomplished, the work is by no means completed, and it will undoubtedly be needed for many years to come. Final success cannot be achieved in the twinkling of an eye; the process of the Indian's absorption into our body politic must necessarily be gradual^ because of varying conditions; but the ultimate end will be greatly helped if democracy at home is made safe for him. Any one wishing to help our work is invited to become a member (Life, $25; annual, $2) or to send us a donation. HERBERT WELSH, President I. R. A., 995 Drexel Building, Philadelphia, Pa.