Ki 
 
 
 mm 
 
 mm 
 
 E 
 
 93 
 
 . 14 3 
 2nd ser 
 no. 58 
 

 J-nd/ctt) 
 
 «* 
 
 [No. 58— Second Series— 3000.] 
 
 Indian Rights Association, 
 
 1305 Arch Street, 
 Philadelphia, Pa., October, 1901. 
 
 THE PRESSING NEEDS OF THE WARNER 
 RANCH AND OTHER MISSION INDIANS 
 IN SOUTHERN CALIFORNIA. 
 
 An Appeal for Prompt Congressional Action. 
 
 It was a keen disappointment to the friends of the Indian 
 when apprised last May of the adverse decision by the Federal 
 Supreme Court in the cases of Allejandra Barker and Jesus 
 Quevas vs. J. Downey Harvey, Administrator. These suits 
 involved the rights of certain of the Mission Indians located 
 upon Warner’s Ranch, in the southern portion of the State of 
 California. The Indians concerned had lived upon the lands 
 embraced within the decision of the Court for many genera¬ 
 tions. 
 
 In the year 1848, by the terms of the treaty of Gaudaloupe 
 Hidalgo, the sovereignty over these lands was transferred by 
 Mexico to the United States. About three years after the 
 treaty between the United States and Mexico was first negoti¬ 
 ated, Congress, on March 3, 1851, passed a bill entitled “An 
 act to ascertain and settle the private land claims in the State 
 of California,” which created a commission to receive- testi¬ 
 mony relative to and determine the validity of all claims made 
 under the terms of the said act. 
 
 Section eight of the act reads as follows : 
 
 “ That each and every person claiming lands in California by 
 virtue of any right or title derived from the Spanish or Mexican 
 Government shall present the same to the said commissioners 
 when sitting as a board,,together with such documentary evi¬ 
 dence and testimony of witnesses as the said claimant relies upon 
 in support of such claims; and it shall be the duty of the com- 
 
 1 
 
■ . qs 
 
 TIL 3 
 
 ** -J— 
 
 RodlSe,r. 
 
 no. 5 $ 
 
 2 
 
 missioners, when the case is ready for hearing, to proceed 
 promptly to examine the same upon such evidence, and upon 
 the evidence produced in behalf of the United States, and to 
 decide upon the validity of the said claim, and within thirty 
 days after such decision is rendered to certify the same, with the 
 reasons on which it is founded, to the district attorney of the 
 United States in and for the district in which such decision 
 shall be rendered.” 
 
 Section thirteen of the act provides further: 
 
 “That all lands, the claims to which have been finally rejected 
 by the commissioners in the manner herein provided, or which 
 shall be finally decided to be invalid by the District or Supreme 
 Court, and all lands the claims to which shall not have been 
 presented to the said commissioners within two years after the 
 date of this act, shall be deemed, held and considered as part 
 of the public domain of the United States.” 
 
 The Indians, having no knowledge of the legal requirements 
 under the statute, neglected to notify the commissioners author¬ 
 ized by the act of Congress of their claims. This result was 
 but a natural conclusion of the matter, since the Mexican 
 government had not disturbed them in their holdings; and 
 then, as now, they took little thought for the morrow, being 
 content in their simple domestic life. 
 
 Section 16, however, requires the commissioners “to ascertain 
 and report to the Secretary of the Interior the tenure by which 
 the Mission lands are held, and those held by civilized Indians 
 and those who are engaged in agriculture or labor of any kind, 
 and also those which are occupied and cultivated by Pueblos or 
 Ranchero Indians.” So far as the opinion of the Supreme 
 Court shows, this commission did not report on the Indian 
 title; or if it did, Congress took no action thereon. The sub¬ 
 stance of the Supreme Court’s decision appears to be, first, that 
 this commission and Congress must be presumed to have per¬ 
 formed their duty, and that as Congress took no action it is 
 fairly to be deduced that the Indians had no claims; and, 
 second, apart from this presumption, that there was sufficient 
 evidence to sustain the finding that as a matter of fact the 
 Indians had abandoned their land before the cession by the 
 
Mexican government, and the only right, if any, was in the San 
 Diego Mission. Whether this would have been found, as a 
 matter of fact, to be the case, had the commission when 
 appointed investigated the claims of these Indians, may perhaps 
 be questioned. But it was certainly the duty of the commission 
 to ascertain and report on their standing. If they had rights, 
 Congress should have ascertained them. If they had abandoned 
 their rights, Congress should have provided them with other 
 lands, instead of permitting them to remain on and to improve 
 those to which they had no title, and from which eventually 
 they were to be ousted. 
 
 The Indians directly affected by the decree of the Court 
 number over three hundred persons. They were enabled to 
 procure a comfortable living from the revenue derived from the 
 use of the Hot Springs, while others located adjoining the Ranch 
 had a small acreage of valuable farm-lands under irrigation. 
 All this will be lost to them through the decision of the Court. 
 A large portion of the Warner’s Ranch is suitable for grazing 
 only, but it has not recently been in possession of the Indians. 
 
 In addition to the bands of Mission Indians directly affected 
 by the decision of the Court, there are many others without pro¬ 
 ductive lands. The Manzanita band number sixty people. The 
 640 acres reserved for their use is for the most part mountainous. 
 From a careful estimate upon the spot, the writer believes that 
 not over eight acres of the 640 are tillable, and at that only 
 second-rate farming land. It is stated that during the summer 
 of 1900 the crop consisted of one sack of beans. The frosts 
 which appear late in the spring and early in the autumn render 
 the raising of vegetables uncertain. 
 
 The La Posta band of thirteen persons have about three- 
 fourths of a section of land reserved for their use, only eight 
 acres of which are at all tillable. The lands of both the Man¬ 
 zanita and La Posta not now farmed by the Indians consist ot 
 rocky formations and mountains, upon which but little vegeta¬ 
 tion grows, and no pasturage is afforded for stock. At least 
 two or three small bands in addition to those named are in a 
 like condition. The Temecula Indians have an altogether worth¬ 
 less reservation. 
 
4 
 
 The white population surrounding these Indians in the southern 
 portion of California have accumulated but little property, 
 although they have secured the best lands wherever they have 
 settled. Being poor themselves, the white neighbors cannot 
 offer steady employment to the Indians, and in many cases it is 
 necessary for them to travel fifty miles or more before work can 
 be obtained. From what can be learned of the situation, the 
 Indians are willing to labor when the opportunity to do so is 
 afforded. Their neighbors even wonder how the Indians live 
 upon so little. The different berries in season, with nutritious 
 barks and the little raised on the lands, tide them over from one 
 season to another, but it is not surprising to find extreme 
 poverty. This condition is accounted for by the former United 
 States Indian Agent for the Mission Tule River Agency, Fran¬ 
 cisco Estudillo, who, in his report to the Indian Office for the 
 year 1896, states that “the lands of the reservations for the 
 Lagunas, Campos, the La Posta, Inaja, and Manzanita reserva¬ 
 tions are all mislocated ; that is, the descriptions of theTeserva- 
 tions call for lands upon which the Indians do not, never did, 
 and will never be able to live for want of water, etc. Their 
 homes have in some instances been located by whites, and 
 eviction must soon follow.” 
 
 There are over six hundred persons among the different bands 
 of Mission Indians absolutely without lands that will afford a 
 living to any one, even though skilled in farming. Many addi¬ 
 tional families are also included in reservations where, under 
 present conditions, destitution must follow, on account of the 
 fertile lands being so limited in extent. While special atten¬ 
 tion has been called to the extremities of those located within 
 Warner’s Ranch, the needs of the other bands enumerated are 
 equally pressing. It is primarily the duty of the Government 
 to provide lands for these destitute people, who were the first 
 appropriators of the valleys of southern California. Twenty 
 acres of irrigable land to each family would at least place them 
 in a comfortable condition. 
 
 There is urgent need of surveys to more accurately define the 
 boundaries of several of the reservations. The Indians within 
 the Volcan reserve claim that three or more surveys by the 
 
5 
 
 State have been made for the Santa Ysabel Ranch, and in each 
 instance the boundary-line of the Ranch has been extended to 
 include additional land of the fertile valley, thought formerly 
 to be a part of the Volcan reserve. The same need applies 
 to Manzanita, where much of the small valley appropriated by 
 the whites is thought to properly be within the limits of the 
 Indian lands. The re-survey of these reservations should be 
 made by a disinterested corps of employees under the direction 
 of the Government, wholly independent of State control. 
 
 While frequently we find individual cases of hardship resulting 
 from the segregation of Indian lands into separate holdings, no 
 backward step should be taken with the Mission Indians in this 
 connection. Under the allotment system there is the incentive 
 to individual effort and ownership in personal property, so 
 much needed during the twenty-five year trust period in which 
 the Government holds the title to the land. The custom so 
 universal among Indians of giving and living upon the product 
 of the frugal members of the tribe is detrimental to progress. 
 While among this simple and generous people the greatest is 
 he who gives all for his fellows, among the more grasping 
 Anglo-Saxons the rule is generally reversed, and riches seem 
 to bring distinction. If a home is provided for each family, 
 with the guarantee that it shall be theirs, a strong induce¬ 
 ment to labor is fostered that is otherwise lacking, especially 
 by Indians who have been victimized by false promises made to 
 them. 
 
 The exigencies in the case call for immediate action on the 
 part of the Department of the Interior, so that definite official 
 knowledge be secured regarding the needs of the Mission 
 Indians, together with the character and value of lands available 
 for purchase. To this end we urge that a committee of three 
 be directed to investigate and report to. the Secretary of the 
 Interior before the convening of the coming session of Congress, 
 so that legislation in the interest of the Indians concerned may 
 not longer be delayed. 
 
 All friends of the Indian are urged without delay to address 
 the member of Congress from their respective districts, appeal¬ 
 ing for legislation in behalf of this needy people. For the con- 
 
6 
 
 venience of those who are willing to act in this matter we suggest 
 the following form of petition, for use as indicated : 
 
 ‘ ‘ To the Hoiiorable - : 
 
 “ The peaceable possession by the Mission Indians of the 
 fertile lands of southern California previous to and following 
 our national acquisition thereof, from which, in many instances, 
 they have been or are about to be evicted, under circumstances 
 which, as we believe, work a practical injustice, entitles these 
 Indians to a sufficient acreage upon which they can earn a liveli¬ 
 hood. A typical instance of apparent injustice under our laws 
 is found in the proposed eviction of the Indians from the 
 Warner’s Ranch, or Agua Caliente, where they have lived for 
 many generations. 
 
 “We respectfully petition for such legislation by the Con¬ 
 gress of the United States as will provide lands upon which all 
 the Mission Indians located in California can earn a livelihood, 
 and request that you will use your influence in securing the 
 proper legislation and Executive action to accomplish this 
 result.”