The Coconino sun., 1925-03-27
BILL PROVIDES EXCHANGES
GOVERNMENT AND PRIVATE
LANDS ON RESERVATION

LANUS ,UN kESEkVAIIUN
The last congress passed bill, ap-
proved March 8, to provide for ex-
changes of government and privately
owned lands in the additions to the
Navajo Indian reservation. 1t reads
as follows:
'That the secretary of the interior
is hereby authorized, in his discretion,
under rules and regulations to be pre-
scribed by him, to accept reconvey-
ances to the government of privately
owned and state school lands, and re-
linquishments of any valid filings un-
der the homestead laws, or of other
valid claims within the additions of
the Navajo Indian reservation, Ari-
zona, by executive orders of January
8, 1900, and November ID, 1901, and
to permit lieu selections within the
boundaries Of the said reservation adj
ditions by those surrendering their
rights so that the lands retained for
Indian purposes may be consolidated
and held in solid area so far as may
be possible: Provided, that the title or
claim of any person or company who
refuses to reconvey to the government
shall not be hereby affected"
Congressman Carl Hayden has sent
The Sun a report, which accompanied
and explains the purposes of the bill.
The report was from Hubert Work,
secretary of the interior, and follows:
"I transmit herewith the draft of
bill to provide for the consolidation of
government and privately owned lands
within the boundaries of the additions
to the Navajo reservation, Arizona, by
executive orders of January 8, 1900,
and November IA, 1901.
"Under the granting act of July 27,
1866 ia Stat L. 1922, the claim of
the Atlantic & Pacific Railroad Co.
attached to something like 100000
acres of land within the limits of the
additions and there have also been
grants to the state Of Arizona. Most
of the even-numbered sections are held
by the government for Indian use.
There is therefore divided ownership in
the additions.
"The act of April 21 1904 (35 Stat.
L. 211), provides that any private
land over which an Indian reservation
has been extended by executive order
may be exchanged by the owners for
land outside of the reservation, but in
view of the act of May 25, 1918
Gao Stat. L. 570), which prohibits the
creation of an Indian reservation or
an addition to one already created
within the states of New Mexico and
Arizona except by act of congress, this
department has held that an exchange
under the act of 1904 would be vio-
lation of the spirit and intent of the
later act.
"These lands have not been survey
ed, but under the act of June 25, 1910
(36 Stat. L. D. 834), the Santa Fe
Railroad Co., successor in interest of
the Atlantic & Pacific Railroad Co.,
applied for the surveys. Within what
is known as the Leupp jurisdiction,
being the addition by executive order
of November IA, 1901, there has been
established near the center thereof an
Indian boarding school and official
Headquarters for the superintendent
which has involved an expenditure OF
approximately $18O,000 The school
has an attendance of $50 pupils. This
department has held substantially that
until these grant lands are identified
by surveys the title thereto is not
actually complete, and therefore up to
this time there has been no serious
difficulty. A complete passing OF
title Of the odd sections to the rail-
road company would be almost ca
lamitous. There are some 1900 or
more Indians within the lands af-
fected, and there is grave possibility
that the school plant and other build
ings would be identified as being on
odd sections, and in many cases that
the improvements of individual Ind
ians are thus located. !.
"The proposed bill would permit OF
a consolidation of the respective own
erships. The legislation requested IS
similar to that authorized by the act
Of March 5, 1921 al Stat. L. 1239),
and a settlement Of the growing diff
culties in this manner would be a
good business arrangement. The con-
solidations would reduce by about one
half the area the Indians have here
tofore used, but it seems that some
action of the kind is required to pre-
vent trouble. This department would
therefore be glad to see the inclosed
bill or legislation similar thereto en-
acted into law"
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