Mr. LOMAVITU. That may be true to some extent, but the fact is that our superintendent permits those to be under his employ. Senator FRAZIER. I want to say right here, if that is the situation on his reservation, the superintendent and all of the rest of the employees that have to do with those conditions should be sent some place else and some one gotten in here who could control the situation and clean it up. It has been the policy of this subcommittee and the Indian Committee of the Senate and, I believe, of the Congress of the United States to see that in every way possible every superintendent or other employee of the Government on these Indian reservations work for the interest of the Indians. If that can not be done and they have missed their call they should be some place else. The only excuse for any employee of the Government on any of these reservations drawing his or her salary is the interest of these Indians. If they are not working here in the interest of the Indians and can not take care of their welfare, some one should be put in here who can look after the welfare of these Indians. Mr. MILLER. May I speak? Senator FRAZIER. Yes. Mr. MILLER. Extend the State laws over this reservation and I will soon stop that. You must understand, we have no laws on this reservation under which to prosecute them. Senator FRAZIER. The Indian Bureau has charge of these Indian reservations; there is no question about that. Personally, I am in favor of having the State law apply to reservations, not only here but all over the country. Mr. SCATTERGOOD. It may be of interest at this point to make a statement of policy. This whole question of law and order upon these Indian reservations, as you know, is an extremely complicated one and differs in different parts of the country and under the differing conditions of the various Indian tribes. There are at least four different groups or types of Indians in relation to this study. Efforts heretofore have failed in trying to find a way of bringing law and order about or, perhaps I should put it this way, making a law that would apply to all reservations. That is because, probably, the efforts which have been made were directed toward having one set of laws. that would apply to these varying conditions. We are fully cognizant of the difficulty of this problem and have asked that a careful study be made under the auspices of the Institute of Government Research at Washington, which is under way and which we hope by the next Congress will have reached such a point that the bureau will be in position to recommend to Congress the passing of a law which will bring the Indians under State laws in such cases as they may be ready to be brought under them, or under some other special arrangement, joint Federal-State control or otherwise. That may work out a solution of this very complicated problem. It is impossible for any superintendent to control the morals of a great population of people unless there are laws under which action can be taken when these moral laws or other laws are broken. Senator FRAZIER. I would like to ask the commissioner if you think it is impossible for the superintendent to control the morals or the violations of law among his own employees on the reservation? 26465-32-PT 18-33 Mr. SCATTERGOOD. As I understand this case, the policeman was divorced and remarried. I do not know whether the law is being carried out. I never heard of the case until at this time when it was brought up here. We deplore conditions such as have been described, of course. Mr. LOMAVITU. May I say a few words? We do not mean to infer that the office at Washington is wrong. We believe and the Indians believe that the record at Washington is all in favor of good adjustment around here; they are all in favor of that. But the actual conditions on the reservation are such as perhaps have never been reported to your office. I judge it is the business of this committee to find out the conditions on the reservation which has never been reported to your office by the agent on the reservation. Senator ASHURST. In order to throw a little more light on this question, let me say that Congress has plenary power to pass laws to make criminal any act committed by an Indian on any Indian reservation. It may be that Congress has neglected that duty. The State of Arizona is not guilty of any remissness or any neglect. The able chairman suggested that the State do so. The State can not pass such a law Senator FRAZIER. No; no. I did not say that. I say I would favor putting the reservation under State law. Senator ASHURST. I beg your pardon. The State has been guilty of no remissness; no neglect. No State has more progressive laws, and no State has done more for the amelioration of society than has the State of Arizona, and if the Federal Government will emulate the example set by Arizona, there will be peace, justice, and tranquility on the Indian reservation. Senator FRAZIER. Have you anything further? Mr. LOMAVITU. I wish to present the constitution and by-laws of our organization also. Mr. SCATTERGOOD. Are you speaking along these lines? Mr. LOMAVITU. I am presenting a set of resolutions from the Indians. Mr. SCATTERGOOD. This is the group in New Oraibi? Mr. LOMAVITU. Yes; with the dissension of some of the other villages. Mr. SCATTERGOOD. How have they acted upon those resolutions in the other villages-just for the record? Mr. LOMAVITU. With those whom I am acquainted they have sanctioned it. Mr. SCATTERGOOD. You have read those to some individuals? Mr. SCATTERGOOD. How did you select those individuals? Mr. LOMAVITU. They were mostly educated Indians who would understand these things, and I have gone to the trouble of verifying the statements before putting them into writing. There have been some 20, 30, or 40 changes made and it has been sifted down to these facts. Mr. SCATTERGOOD. This is the voice of the people that you feel are the educated Indians? Mr. LOMAVITU. Yes; together with a number of the older people. Mr. SCATTERGOOD. That is, you just did it yourself. You went around to get these facts which you give here? Mr. LOMAVITU. I did not go around seeking this information. It was contributed freely, in view of the coming of the senatorial committee, of which they were notified, and they furnished us with all these things and I only went to question them to verify the statements. Mr. SCATTERGOOD. You were the clearing house, as it were? Senator FRAZIER. The by-laws and constitution will be made a part of our record. (The document, entitled "Constitution and By-Laws," referred to by the witness above, are as follows:) CONSTITUTION I. Name: The name of this organization shall be the Hopi Council of New Oraibi. II. Officers: Its officers shall consist of president, vice president, secretary, treasurer, and sergeant at arms. III. Advisory: Its advisory board shall consist of four members. men of mature mind and who possess sufficient education as to readily understand transactions of different kinds. IV. Membership: Its membership shall be open to all men and boys of the Hopi Tribe of Indians. V. Object and purpose: The object and purpose of this organization shall be (a) To hold the tribe in a bond of peace through mutual understanding and cooperation. (b) To further progress in education, better living, sanitation, and all that goes to make up better civilization. (c) To act as medium for better understanding between the United States Government, the officials who labor amongst us, and the Hopi Tribe through cooperation for the upbuilding of our people. (d) To defend our individual and tribal rights against encroachment as citizens of the United States, howbeit welcoming any aid which may be given our tribe free from graft. (e) To be the channel through which governmental announcement and transactions shall be made in things pertaining to the Hopi Tribe. VI. Religion: In things religious, this organization shall be neutral. It is the intention of this organization to cooperate with our Indian chiefs and elders in so far as they seek the welfare of our Hopi people, keeping in view that we are approaching a new era in Indian life, sponsored by the Government, with a view of finally absorbing the tribe into its full citizenry, and for which purpose the Government has placed its employees among us. BY-LAWS I. The Hopi Council of New Oraibi shall meet once every other month unless special occasion demands extra session, and at such places as shall be agreed upon by the members. II. The officers shall be elected by vote of the members, and shall hold office for two years, which term may be prolonged according to ability and efficiency. III. It shall be the duty of the president and vice president to preside at all the sessions, the vice president to preside in the absence of the president. IV. The president shall have power to examine the accounts of his subordinate officers and shall have access to all important communications, written or oral, which shall be in the possession of the members of this organization V. It shall be the duty of the secretary to take the minutes of the meetings, the names and addresses of the members, and to notify the members of the next session. VI. It shall be the duty of the treasurer to file all money receipts and expenses and which he shall report to the members from time to time. VII. It shall be the duty of the sergeant at arms to keep order during the session, and to call upon and urge delinquent members to be present at all the meetings of the organization. VIII. The members of the advisory board shall be elected by vote and shall hold office for life, or until such time as they are not able. IX. The membership fee shall be 25 cents per year, which shall be used in payment for light, writing material, and other expenses. X. It shall be the duty of all members of this organization to keep the president informed at all times of all important movements among the Indians. XI. It shall be the duty of all members of this organization to contribute toward an emergency fund and the purchasing of fuel. A copy of the Constitution and By-Laws of this organization shall be sent to the office of the Commissioner of Indian Affairs for file, to the agency office at Keams Canyon, Ariz., for record, and each member shall be furnished with a copy of same. The foregoing articles shall be subject to the revision and further amendments as time and circumstances may require. Mr. SCATTERGOOD. How many educated Indians are there on the reservation? Mr. LOMAVITU. On the whole reservation? Mr. SCATTERGOOD. I mean the group that you call educated Indians. Mr. LOMAVITU. I think the group consists mostly entirely of educated Indians, together with the older people. Mr. SCATTERGOOD. How many would you call educated Indians? Mr. LOMAVITU. In this little village, which is about 250, I think we have practically every one enrolled under this organization. Senator FRAZIER. You have had schools for these Hopi villages for how long? Mr. LOMAVITU. About 30 or 35 years, something like that. Mr. LOMAVITU. Probably; I am not definite as to that. Senator FRAZIER. So everybody under the age of 40 or 45 years has had some education in schools? Mr. LOMAVITU. I helped to take the census last summer or a year ago, and my rough estimate of the population or the ratio of the educated Indians among the Hopis is about 60 per cent. Senator FRAZIER. Sixty per cent educated? Mr. LOMAVITU. Yes, sir. Mr. SCATTERGOOD. Is it your thought that all of these 60 per cent Indians have heard these matters and agree with your statement? Mr. LOMAVITU. No; I did not say that. I read this to a few for judgment, probably around a hundred or so together with a number of other people. There are a few that sanction those things. Mr. SCATTERGOOD. About 100 in this village and a few from other villages? Mr. LOMAVITU. Yes. We have delegates from the first mesa. We have witnesses from the first mesa which can be called upon to verify these things, if necessary. Senator FRAZIER. Any other statement? Mr. LOMAVITU. That is all. (Witness excused.) M. W. BILLINGSLEY was recalled as a witness and, having been previously sworn in these hearings, testified as follows: Senator FRAZIER. Make your statement brief. Mr. BILLINGSLEY. I wish to state that I have never met this boy who has made the accusation until just recently when I came over to the villages of Chimopovy, Shipaulovi, and Machongnovi. They asked us our plan and asked us if we were coming over here to this village as a committee and help them. I asked the Indians of these villages, of whom I was present by their request and setting forth their ideas for them about the matter. So these Indians from the other villages accepted that friendly invitation and came over. This accusation is quite a surprise even to our representatives who are here from our villages. I believe that those who are here with Otto are striving for the betterment of their people and all of the things that he has said here; the villages surrounding Toreva feel the same way. Perhaps he is a little overzealous or overzealous to such an extent that he resents the villages over the employing my assistance. He wants to do it all himself. A conception of that might be gained by his statement of the agreement between the Navajos and the Hopis wherein the Navajos agreed that the Hopis were the better. I know, and I feel certain from what I have heard Otto say and from what little time I have talked with him, that he is sincere. I do not feel hurt toward him for making this accusation because I can understand his frame of mind. My only interest at all in being here is again by his request and by the request of representatives, chiefs of our villages, who came along. I believe that my activities with those Indians has been absolutely beneficial, because I have only stated for them their own ideas; none of mine. Senator FRAZIER. Let me ask you, what is the nature of your business here or work among these Indians? Mr. BILLINGSLEY. If I should have to go back several years ago, you will pardon me. I have to for its original inception, in order to start this story and give you a recital of the reasons. I have two witnesses here who are outsiders-that is, white men-who will preface and give you the beginning of the interest that we have taken in these tribes, if I may call on Mr. Ralph Murphy, first, of Phoenix. Senator FRAZIER. That is not necessary. How long have you been here? Mr. BILLINGSLEY. I have been working with the Hopis for about seven and one-half years. I have been up here for just short periods during the part of that time. Senator FRAZIER. Your headquarters have been down at this other village? Mr. BILLINGSLEY. No. My headquarters are Mesa, Ariz. That happens to be one town in the State that has a name for the mesas upon which towns are built. Senator FRAZIER. How far is that from here? Mr. BILLINGSLEY. I imagine, between 300 and 400 miles. Senator FRAZIER. How much time have you spent on this reservation? Mr. BILLINGSLEY. Very little. Mr. GRORUD. When did you become interested in the Hopis? Mr. BILLINGSLEY. Seven and one-half years ago, when representatives of these villages came down pleading for an opportunity to give dances in order to help their people. Mr. GRORUD. Are you an attorney? Mr. BILLINGSLEY. No, sir. Mr. GRORUD. What is your profession? Mr. BILLINGSLEY. My profession was newspaper work for the Arizona Gazette. I came here after the war and homesteaded. |