A great issue is raised about the fact that some Navajos will need to be relocated to other areas. It should be remember that the Navajos are a nomadic people and are not settled in any one particular place. Even today, they are moving about. For a Navajo family to move and change their place of residence is not the tragedy that some would have us believe. It is inconceivable that the Navajo Indians cannot find a place to reside, in light of their 15 million acre reservation, without appropriating more Hopi lands. The question is not whether there is room to build a home; the real question is the surface use of the land for grazing purposes, which the tribes are equally entitled to use in their own way and according to their own desires. We do not want the Navajo to continue to damage our share through overgrazing and misuse as they are doing now, and which they will continue to do as long as there is a joint use concept, because of their domination through numbers.

The boundary line which has been drawn by the Bureau of Indian Affairs and the Department of the Interior as the partition boundary in H.R. 5647 is acceptable to the Hopi Tribe to the extent that we believe it to be a fair attempt and the only one ever made to give the Hopi Tribe and the Navajo Tribe an equal share of all types of land which they now hold jointly. We are aware that there are areas of Navajo population concentration. We believe that the proposed partition boundary puts such areas of Navajo population concentrations in the area designated for the Navajo Tribe. We have no objection to drawing a line which will exclude these Navajo population concentrations from the area designated for the Hopis so long as the division is equitable as to land area, quality of land, adequately defensible and that will necessitate the relocation of the least number of people.

Mr. MEEDS. Do you mind if I call you Abbott?

Mr. SEKAQUAPTEWA. No, sir.

Mr. MEEDS. Do any of the gentlemen accompanying you have a statement to make?

Mr. SEKAQUAPTEWA. I would like to have Mr. Hamilton introduce the next witness, Mr. Chairman. That next witness is Mr. John Boyden, general counsel for the Hopi Tribe.

Mr. HAMILTON. Mr. Chairman?

Mr. MEEDS. Pardon me just one moment, sir. [Pause.]

We will proceed to hear all of the witnesses for the Hopis, and then ask questions. Please proceed.

Mr. HAMILTON. Mr. Chairman and members of the committee, my name is Clarence Hamilton. I'm chairman of the Hopi Tribe. At this point, I would like to introduce the Hopi tribal attorney, Mr. John Boyden.

Mr. MEEDS. Mr. Boyden, do you have a prepared statement?

Mr. BOYDEN. I do not.

Mr. MEEDS. Very well. Please proceed, sir.

Mr. BOYDEN. We were instructed that we would have one witness, and that the counsel would be here to argue the case. That was the way that we had prepared it.

Mr. MEEDS. Fine.

Mr. BOYDEN. I would like first of all for the new members of the committee, without in any way intending to rehash what has been done, just in a few short sentences pose the question the way it is at the present time.

I show you here an enlarged page from the Smithsonian Miscellaneous Collection, volume 100, page 514.

Mr. MEEDS. Would you mind coming forward a little bit, Mr. Boyden, in front of the witness table and bring the map in front also, please?

Mr. BOYDEN. This was prepared long before any lawsuit, or any of the matters were before Congress, except maybe in an indirect way. This indicates the Navajo limits at different dates as far as they had reached out.

And so in 1600, they were way over here in Mexico [indicating]. By 1700, they moved slightly toward the west but weren't very much larger. By 1800, they had extended their area, extending east of the area we're talking about now, but that's where they were [indicating]. They were all east of Keams Canyon, as you can see, perhaps extending just a little bit into what is now the Executive Order Reservation.

By 1870, they were then extending, as indicated here [indicating]. Then by 1939, they had completely surrounded the Hopi Indians. That gives you a rough idea of what the situation has been.

This is not what the Hopis are arguing. This is what the Smithsonian Institution has recorded long ago.

Mr. MEEDS. Do you have a smaller map of that, sir?

Mr. BOYDEN. I do not, but one can certainly be prepared, and we would be glad to leave this one with the committee.

Mr. MEEDS. Let us attempt to get one of those.

Counsel, would you please see if you could find one.

Mr. SIGLER. If they will leave that map, Mr. Chairman, I will have it reduced. Reduction might not be very clear, but we'll do the best we

can.

Mr. BOYDEN. We'll take that responsibility.

Mr. MEEDS. We'll try to get Smithsonian to reduce it.

Would you please be responsible, Counsel ?

Mr. SIGLER. Yes.

[The map referred to follows:]

Mr. MEEDS. Please proceed.

Mr. BOYDEN. Just one more situation so the committee might understand. In 1882, this reservation here, which I have indicated the square block, that is the Executive Order Reservation that was established by the executive department of the U.S. Government. And this was established specifically for the purpose of protecting the Hopi against the oncoming Navajo, and to protect them against the aggression and the degradations of the Navajo people.

This seems to be an appropriate place to suspend.

Mr. MEEDS. Very well.

We've just been joined by our distinguished witness from the other body. He prefers to sit and listen for a while, so please proceed.

Mr. BOYDEN. Although that area was selected to protect the Indians that were being encroached upon at that time-to wit, the Hopi Tribe— the Government did something about 6 years later; they called out the U.S. Army and told them to take every Navajo off that reservation. They had no business being there. They were trespassers, and to take their flocks off.

This was done by direction of Secretary of the Interior Vilas to the Secretary of War at that time. He ordered the Army out there. They went out, and who did they get as their interpreter? Chee Dodge, who was probably the outstanding chief of the Navajo Tribe, or headman as he was called at that time. So he said, these poor people here can't be moved in the wintertime, wait until spring.

So on account of the rain, they called the war off, and that was as far as we ever got to taking the Navajos off of this area.

Now, after three pretrials and a month-long trial with the introduction of hundreds of exhibits, the court did legally conclude-and this is finding No. 12-"that the virtual exclusion of Hopi Indians accomplished by administrative action extending from 1937 to 1938, from the use and occupancy for purposes of residences or grazing of that part of the 1882 reservation lying outside of District 6, as defined on April 24, 1943, has at all times been illegal."

So that when the United States set up the grazing districts and kept the Hopis off of that part, it was illegal for them to do so.

They also found in 13 that "neither the Navajo Tribe or any individual Navajo Indian have any exclusive interest in any part of the 1882 reservation." This is not the Hopi contention; this is the finding of the

court.

Now, the court in its opinion concluded, among other things, "that even as to the remaining part of the reservation in which the two tribes are herein held to have joint, undivided, and equal interest and rights, the judgment will have the effect of narrowing the controversy.

"At least three crucial questions, which heretofore have hampered the fair administration of this part; as a joint reservation or as a division thereof by agreement, or congressional enactment, have now been settled. No longer will it be tenable for the Hopis to take the position that no Navajo has been validly settled in the reservation, no longer will it be tenable for the Navajo to take the position that they gained exclusive rights and interest in any part of the reservation, no longer will there be uncertainty as to the boundaries of the area of the exclusive Hopi use and occupancy."

That's district 6, the smallest, irregular part of the map that you now have before you. It will now be for the two tribes and Government officials to determine whether with the basic issues resolved, the area lying outside of district 6 can and should be fairly administered as a joint reservation.

"If this proves impractical or undesirable, any future effort to partition the jointly held area by agreement, subsequent authorized suit or otherwise, will be aided by the determination of this action of the present legal rights and interests of the respective tribes."

That is the end of the quote from the court.

There is little need for Navajo counsel to haul coals to Newcastle to illustrate the power of Congress to take land away from the Indians. No tribe in this Nation is better schooled through practical experience and the hard fact that Executive fiat with congressional approval can take from the weak to give to the strong. That is exactly how the Hopi people lost the one-half interest in the now joint land use area of the Executive order reservation, which was in 1882 established for the Hopi Tribe for the purpose among others of reserving for the Hopis sufficient living space as against advancing Navajos, and to minimize Navajo degradations against the Hopi.

The power of Congress must be clearly distinguished from the moral, equitable and impelling obligation of that body to deal fairly with both tribes.

At the hearing of the bill authorizing the suit of Healing v. Jones that was held before the Subcommittee on Indian Affairs of the Committee of the Interior of the House of Representatives in 1958, Judge Shuford raised a serious question as to whether the Congress would not subject itself to serious criticism by, as he described it, putting in the arena opponents that would be greatly unequal in the resources that they had. The display of wealth of the Navajo at the time of the trial at Prescott, Ariz. was amazing. They used a helicopter to transport information back and forth from the reservation, a battery of stenographers and clerks occupied a whole floor in the leading hotel in Prescott to assist the Navajo Tribe with its presentation to the threejudge court.

Hopi witnesses slept on the floor of a friendly church to live within their available means.

The apprehension of Judge Shuford was not strained. Nevertheless, the trial proceeded with the approval of the Hopi Tribe because it was so anxious to have a forum for its grievance.

In that action, the Hopi Tribe claimed that the lands described in the 1882 Executive Order Reservation were held in trust for the United States exclusively for the Hopi Indians. The Navajo Tribe conceded that the United States held in trust for the Hopi Tribe a portion of the Executive order lands amounting to only 488.000 acres including the Hopi villages, but claimed that the balance of the 1882 Reservation was held by the United States exclusively for the Navajo Indians.

The court held that none of the 21 secretaries of the Interior who served from December 16. 1882, to the passage of the authorization act, or any official authorized to so act on behalf of any of the secretaries, expressedly ordered, ruled, or denounced. orally or in writing, personally or through any other official, that pursuant to the discretionary power invested in him under the Executive order, that he had