UC Merced The Journal of California Anthropology

Title For Sale: California at 47 Cents Per Acre

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Journal The Journal of California Anthropology, 3(2)

Authors Heizer, Robert F Kroeber, Alfred L

Publication Date 1976-12-01

Peer reviewed

eScholarship.org Powered by the California Digital Library University of California For Sale: California at 47 Cents Per Acre ROBERT F. HEIZER and ALFRED L. KROEBER

OT very much has been written about examination of expert witnesses on each side N the claims case of the Indians of were held.- These are recorded in an official California versus The United States of Amer­ transcript running to 3838 typewritten pages. ica which was allowed by the federal govern­ This testimony has not been, and probably ment under the Indian Claims Commission never will be, published. Copies are in the Act (H.R. 4497) of August 13, 1946 (60 Stat. National Archives and in the files of the 1049; 25 U.S.C. Sec. 70ff). Omer C. Stewart, Wilkinson, Cragun, and Barker law firm of one of the expert witnesses on behalf of the Washington. During the hearings, the peti­ petitioners (Indians of California), reviewed tioners introduced 469 exhibits; the defendant the work of another expert witness for the peti­ entered 160. It is my intention to publish tioners, Alfred L. Kroeber.' As Kroeber's main shortly a partial list ofthe petitioners'exhibits, back-up helper and runner, as well as having together with a tabular abstract referring to served as an expert witness, 1 feel that I can evidence in these of aboriginal use and speak of the proceeding through firsthand exclusive occupancy. knowledge. The petitioners' efforts were concentrated In a review of the eight volumes recently on presenting, in an organized way, already issued by Garland Publishing Inc. under the recorded ethnographic and historical testi­ umbrella title American Indian Ethnohistory: mony and archaeological data to demonstrate California and Basin-Plateau Indians, com­ the fact of aboriginal ownership, exclusive use, prising certain exhibits placed before the and occupancy of lands lying within tribal Indian Claims Commission in The Indians of boundaries. The defendants' method to par­ California vs. The United States of America tially disprove this was by reference to a (Dockets 31 and 37), I observed that these are detailed ecological analysis in which each heavily overweighted with items presented in tribal area was evaluated for productivity and evidence by the defendant (The United States an assessment made of what percentage ofthe of America) against whom the commissioners land was used to secure the preponderance of decided on July 31, 1959. In short, with the the food collected and eaten.^ This argument exception of three exhibits totaling 229 pages became known as the "ecological theory," and prepared by the petitioners' expert witnesses, there was much discussion of it in the com­ the eight volumes under consideration com­ mission's hearings. But in the end it was prise the defendant's arguments which the rejected, as it should have been, by the commissioners rejected. unanimous opinion of the three commis­ The series of hearings occupied a total of sioners, Edgar E. Witt, Chief Commissioner, 38 days in which direct testimony and cross and Louis J. O'Marr and William M. Holt, CALIFORNIA AT 47 CENTS PER ACRE 39

Associate Commissioners. I believe that the can also now understand why I never wanted defendant did not really expect the commis­ to become a lawyer. sioners to accept its argument in toto and deny Kroeber and 1 believed that this particular wholly that ofthe petitioners, but rather hoped testimony was probably of some influence in to materially reduce the amount of land which leading the commissioners to reject the would be compensated for and thus substan­ ecological theory of the defendant and to favor tially lower the settlement dollar figure.'* the direct testimony of Native Californian Kroeber and I were the principal expert consultants (i.e., informants) which was witnesses for the petitioners, and it fell my lot recorded in earlier years before there was any to give the direct testimony in rebuttal and thought that it would serve as evidence in such submit to cross examination on our anthro­ hearings. In the written decision*' of the pological evaluation of the ecological theory. commissioners of Dockets 31 and 37 consoli­ Part ofthe rebuttal was printed in a reply brief dated, reached on July 31, 1959, they said: of which only a limited number of copies were issued.5 The full testimony, taken from the We believe the study of the economic resources of the state and their relationship stenotype transcript, appears below. I am in­ to the quantity of land required to support debted to Mr. Robert Barker of Wilkinson, the Indians in their way of life has value in Cragun, and Barker, for supplying me with a understanding the economic picture. xerox copy of my testimony which comprises However, we cannot accept the Govern­ pages 3221-3298 of the official court steno­ ment's thesis that the resources ofthe state or any part thereof can be determined grapher's transcript. Since Dr. Kroeber and I mathematically by assigning a large per­ together planned the way in which the direct centage of subsistence derived from a small examination would proceed, I have added his part of a given territory and reduced name as co-author here. Kroeber, it goes with­ percentages of subsistence in other areas of out saying, could have done a better job in the a territory claimed by a particular tribelet. witness chair than 1 did, and, of course, a very The testimony and the ethnographic literature, of which there are volumes in much better job than 1 managed under Mr. evidence, show that the Indian groups Ralph Barney's questioning. Mr. Barney, of ranged throughout their respective terri­ the U.S. Department of Justice, and 1 sparred a tories in their gathering, hunting and bit in the cross-examination, and in this 1 did fishing excursions. While these Indians not come off very well. Perhaps this was due were never considered nomads, their exploitation of the available resources in a to the fact that he was an experienced lawyer given territory required frequent and ex­ and I was a 40-year-old professor whose tended travelling within the territories courtroom experience was limited to appear­ claimed. We believe it unrealistic and ing briefly before a judge after a night spent in contrary to the Indian mode of life to re­ the Sacramento city jail 20 years before, while strict Indian territorial rights to the lands which would simply provide adequate sub­ a junior college student, for belting a neighbor sistence and disallow their land claims to for being abusive to me for allegedly using bad the areas which were of secondary im­ language which his no-doubt virginal daughter portance or supplemental to the main allegedly heard out of the window of my $25-a- source of supplies. We suspect territorial month boarding house room. It is amusing to expanse was as much the desire of these primitive peoples as it is characteristic of read, 22 years later, my testimony. 1 can the white man for there is much ethno­ scarcely believe that my sentence construction graphic evidence that the Indian groups in was that bad, but it is a matter of record and California moved about their respective cannot be changed, so here it is, warts and all. I domains gathering wild foods as they 40 JOURNAL OF CALIFORNIA ANTHROPOLOGY

ripened or captured available wild game, ifornia under the Guadalupe-Hidalgo Treaty and during a normal season would visit or under conditions which existed in Califor­ and use the whole territory to which they nia in the period of gold and settlement rush asserted ownership as their exclusive places of abode. which followed the 1848 period? A. The answer to that is that I do not TRANSCRIPT OF THE HEARINGS consider this the method to prove those points. AFTERNOON SESSION - 1:30 P.M. Q. Well, then. Doctor, will you please state [September 28, 1955]. upon what you base that conclusion? A. The use of ecology or ecological COMMISSIONER O'MARR: Proceed. analysis is, as 1 believe generally admitted by MR. [REGINALD] FOSTER: 1 would all parties concerned here, old and well- like to call Dr. Heizer. I will call the Com­ established. It was used by Kroeber, by mission's attention to the fact that Dr. Heizer Merriam, by Barrett and Gifford, by Kniffen, has been already sworn in [Docket] 31-37. by Omer Stewart, by Julian Steward, and others who perhaps do not have to be men­ ROBERT F. HEIZER tioned. recalled on behalf of Plaintiffs in Rebuttal. The point 1 make is that the ecological DIRECT EXAMINATION factors have never been disregarded and BY MR. FOSTER: reference to Dr. Kroeber's handbook, which I Q. Dr. Heizer, you have heard or read the think is [Exhibit] RH-50, will show that transcript of the testimony of Dr. Beals in this practically every chapter contains statements case, have you not? or facts whici. might be called ecological in A. Yes, sir, I have. nature. Q. And you recall, do you not. Doctor, Dr. The main value of ecological analysis is Beals' ecologic theories as applied by him to primarily as a basis for understanding the determine use and occupancy of California external environment and as the background lands under aboriginal conditions up to 1848? for understanding the means of subsistence, A. Yes, sir. that is, the day-to-day making of a living; Q. Your attention then. Doctor, is called survival, if you will, for peoples, but as a means to the oral statements of Dr. Beals, Dr. Driver, of classifying human groups, the people of an and other witnesses with respect to the area, the relevance of ecology is distinctly percentage of land areas which would provide secondary. the greater part, in some cases up to 90 percent, People have language, society, culture, of the subsistence of the Indian. tools, and techniques, which plants, animals, A. Yes, sir. and rainfall do not. There is a separate and Q. Then, Doctor, based upon your re­ additional factor involved with reference to search and study ofthe Indians of California, Indians. As the defendant's maps and wit­ about which you have formerly testified in this nesses' testimony show, ethnic boundaries and case, do you consider the ecologic theory as life zones rarely coincide. For this reason, that applied by Dr. Beals and the other Govern­ humans who have cultural equipment which ment witnesses the method to determine the no animals or plants obviously have, humans use and occupancy of California lands by the are not limited to activity within a narrow zone Indians under conditions which existed in of education [elevation] or temperature. California about the year 1848 when the Speaking generally, no one single factor United States assumed dominion over Cal­ adequately explains any social or cultural CALIFORNIA AT 47 CENTS PER ACRE 41 situation. When ecology is used as a basic one people, and each of the eleven sub-units or principle for Indian economic classification, tribelets move seasonally. here is where it breaks down. For example, the Now, I submit that this sort of situation is riverine type of economy cuts across climatic typical of California Indians and evident in and life zones for the reason that streams and testimony, and exhibits already submitted, of fish are the important factors in this category. coastal and desert and valley and mountain The same is true for the lake type of economy. peoples, bears out this contention. If we look at Clear Lake, Tulare Lake, Lake To return to the Wiyot, they actually may Tahoe, the Tule-Klamath Basin, we see that be classed as an extreme case, an exception to they are all ecologically variable, but they are the tidelands gatherers type and are not really classified together by the Government wit­ to be taken as typical of tidelands gatherers. nesses. Although it is true that the Wiyot might or The type group of tideland gatherers are could have gotten their entire subsistence from the Wiyot, the people whose center lay around the shore, it is also a fact that they fished up the Humboldt Bay in Northwestern California, rivers, collected in the back country, and but the Wiyot are the only tribe in this entire hunted widely over their territory; so that category of tidelands gatherers who might be merely saying that the Wiyot could have called flat bayshore people. All other tribes in secured the bulk of their subsistence from a this category, such as the Tolowa, the Coast small fraction of their total area is a theoretical Yuki, the Coast Miwok, the Costanoans, et conclusion, since actually and in fact they cetera, proceeding roughly from north to ranged far and wide for food, and 1 think this is south, all of those groups occupied territories important for other additional resources used which cut across life zones and although all of in the Indian culture and economy. these coastal people are tidelands gatherers, Q. What then. Doctor, is the use of the although they do use the shore, in addition ecological approach? Has it no value? they exploit rivers and streams and forests and A. Certainly it has a value. It has a value in hills which lie in the hinterlands. contributing part of the total picture. The A further example is the Coast Yuki who point I have tried to make is, as a basic consist, according to the data contained in framework to determine Indian use and Exhibit RH-102, a monograph by E.W. occupancy, we must work from the human, the Gifford, of eleven independent tribelets, each Indian populations, the societies which use one of which owns a strip of ocean frontage ecology. and a strip inland, including one or two creeks Q. Doctor, what does the ecological and a ridge or two. Each tribelet had one settle­ approach show? Why should it have been used ment at or near the beach which [was] occupied here at all by the defendant? from April to October, and one or more inland A. Well, that is a difficult question, and I settlements generally situated near springs give you a personal impression or opinion. I which were occupied between October and have the impression that the ecological April, the other half of the year. approach is meant to be a novelty, the Winter settlements might lie up to a implication being that it was new or if not quite thousand feet in elevation and one winter that, at least had the benefit or the advantage, settlement of one of these tribelets is specif­ the recommendation, of being something ically stated to lie in a redwood grove. Thus the precise where its' conclusions could be stated Coast Yuki, despite their seasonal migrations, with precision in terms of percent. inhabit actually [?] they comprise one group. The implication is that it upsets the 42 JOURNAL OF CALIFORNIA ANTHROPOLOGY

Powers, and Powell, and Merriam, and difficulty, in using this method of approach? Kroeber standard ethnic classifications. So far A. Yes, that is my opinion because the use as 1 know, the method as it has been presented of that approach makes it easy for the person here has not before been used either by anthro­ who is using it to drift from fact into hypothesis pologist or historians who know that aborigi­ by selecting out and emphasizing certain and nal peoples do not use their land like that, nor particular aspects of Indian land use and do they feel that way about it. The ecological ignoring others. approach as it has been presented here, in my It amounts, in other words, to an artificial opinion, permits a singling out of part of a dissection, a tearing apart of the actual habitat which is within one life zone or ecologic situation. type as being typical and important and Q. In other words then. Doctor, is it your thereby offers the means of minimizing or opinion that assignment of Indian groups to discarding the balance of the area. That this single ecologic classes as selective as regards sort of precision is unwarranted in assigning subsistence habits alone is therefore likely to be percentage of subsistence derived from a small warped? fraction of total territory is to be seen in scores A. Yes, that is my opinion and for this of statements based upon Indian testimony reason: That practically all native California and published to the effect that groups ranged Indians subsistence was of what might be far and wide within their own territories in the called a multiple type, and one can correctly course of the year, and this sort of movement is say that the majority of the economy was attested for tidelands gatherers, for lakeshore derived from several different environments peoples, for desert peoples, for valley and and sources. mountain groups. Q. Doctor, I think that is a very important Furthermore, although one hears that 90 point, your statement that their economy was percent of the subsistence was got from 5 to 10 derived from several different environments or 20 percent of the area, no maps have thus far and sources. Will you illustrate this, please? been presented to show where that specific 5 A. I will illustrate it, if I may, by reading or 10 or 20 percent ofthe area lay. The ecologic three excerpts from Exhibits which I think are approach shows what a group of Indians could quite relevant at this point. I have selected have lived off of, if they had wanted to; not these to illustrate the point from different what, historically, in terms of ethnographic Indian groups living in different environments. documentation, they actually did live off of In other words, three groups—I will read you The argument seems to me that if one accepts three examples which illustrate the point the ecological approach as it has been pres­ involved in three ofthe ecologic classifications. ented here, he denies or belittles most of the The first is from Exhibit RH-43, page 306, area which in fact was used, as not having been an article by Leslie Spoehr [Spier] entitled used and this conclusion is unrealistic and is far "Southern Dieguefio Customs." These would from the actual situation because it disregards be classed, I believe, as desert people. Spoehr the people, it disregards their history and [Spier] says: implies that their rights were reduced to simply The occupation of the gentile (by which he getting enough to eat. means lineage) theories [territories] was seasonal. Winter found them living in In other words, it makes them animals and groups of mixed gentile affiliation among denies them everything else. the foothills on the edge of the Colorado Q. Then, Doctor, your opinion is that desert. In the spring they returned to the there are dangers, or one should say perhaps a mountains, keeping pace with the ripening CALIFORNIA AT 47 CENTS PER ACRE 43

of the wild food staples and passing the they hold a portion ofthe northeastern shore summer in their respective territories of Clear Lake, The passage I quote comes from where they lived in little groups about the Exhibit RH-56, page 159. valleys. The whole territory was not occu­ Q. Who is the author of that? pied at one time. When a locality was A. That author is Edwin M. Loeb. The title hunted out or fruits ripened elsewhere, of the work is Pomo Folk Ways. Loeb says: they moved on. In the course of a year or The eastern Pomo were a migratory people so, however, all of the recognized settle­ to a certain extent, and as such maintained ments would have been visited. several residences. The most substantial That is the end of the quotation, and I house was occupied through the winter. might add that Spoehr [Spier] lists or'identifies Another would be in the village settlement 21 lineages for the Southern Dieguefio, and on the lake-shore or near some stream lists a total of 104 named, what he calls during six weeks or two months of the "homes," which are really homesites or spring fishing season. Returning to the first seasonal living sites, and this list is incomplete site they would make this their head­ because that information, which is rather quarters during the summer while expedi­ precise, had been in part forgotten by the time tions to the coast, to the salt beds and to the Spoehr [Spier] did his investigation. magnesite diggings were being made. In the fall the village would move to the The second illustration of what I have mountains to gather acorns also going to termed here the multiple type of economy the same place. Each family usually had a derived from several different environments hut in each of these three places. The Coast and sources, comes from Exhibit RH-99 which Pomo broke up their winter encampment is entitled, Tiibatulabal Ethnography by Dr. in the spring and followed thecourse ofthe Erminie W. Voegelin. On page 51 it is stated: summer fishing. From February through the middle of That is all incidentally. I have not omitted August, food gathering activities kept anything. That is the entire quotation on that Tubatulabal shifting about in family groups in lower altitudes, 2,000 to 4,000 matter. feet. Chiefly in lower and upper sonoran Q. Do you have any other illustrations. life zones, in valleys, foothills, rivers, Doctor? canyons. From August to the middle of A. There are numerous illustrations. November, groups moved into higher Q. Just for the record, could you cite some altitudes of 5,000 to 6,000 feet, first east of of them please. [to] pifion ground on the west slopes ofthe A. I am able to do that, and for the record 1 Sierra-Nevadas in the transition zone and west to acorn grounds in Greenhorn will cite Plaintiffs Exhibit RH-21, Page 201; mountains in upper Sonoran zone. Fam­ RH-61, Page 318; RH-23, Page 69-70; RH-43, ily groups or individuals might also go on Page 306; RH-46, Page 139 to 140; RH-71, trading trips after pinon harvest. During Page 17, RH-89, Page 137. The list is very short winter season, from the middle of much longer. 1 think that is enough in illustra­ November to February, family groups tion of this matter. returned to valley foothill region in lower Q. That concludes your list, does it and upper Sonoran zones and men did some hunting, fishing and procured salt Doctor? from desert, but at this season 'mainly A. Yes, sir. stayed home not doing anything' and lived Q. Then, Doctor, what is your opinion in small hamlets. with reference to the ecological approach inso­ The third illustration of this point refers to far as it emphasizes areas of greatest import­ the eastern Pomo who, if I am correct, are ance to the Indian? classified as of the lakeshore type. At any rate A. It is agreed by everyone that within the 44 JOURNAL OF CALIFORNIA ANTHROPOLOGY territory of each group there were areas of Bulletin 116, Page 105. more or less importance to the Indians, and in The quotation is as follows: earlier testimony by Dr. Kroeber and myselfi In the southern end of Eureka Valley, near we have pointed this out, but we have done so the northern end of Death Valley, there is a by considering the total area used and then, so site bordering on the playa and extending several miles with thousands of flint flakes to speak, the proportion of the parts. with relatively few intact, marking it The defense on the other hand employs the predominantly a workshop, though the fact of differential use, not to find the true source of the flint is several miles away in balance, but as a means of discarding most or the mountains. The nearest water is a all secondary or supplementary sources of spring three to five miles away. There is no apparent reason why anyone should subsistence as well as other aspects of land use. choose a place lacking water, having It is my opinion that these secondary and virtually no vegetation and in fact devoid supplementary use features might have aggre­ of anything of apparent use to man or gated as much as half of the total use of land beast for a workshop or other purpose. and its products. The result is, if we accept the Nevertheless the presence here of large spherical stone mortars of the type used by defense argument, one tends to think of areas Death Valley Shoshone and at least one as used only for food, with all other varied uses arrow point of the Shoshonean type is as counting for nothing. They have minimized presumptive evidence that the Shoshone the use of territory for securing such items as visited the site. Though it does not of salt, hides, furs, medicinal plants, marine shells course prove that they used it as a work­ shop. Although Mr. and Mrs. Campbell used for ornaments and money, sacred spots, have never found a campsite more than stone from which various sorts of implements three miles from a water hole in Southern were made, basketry materials, clay for California, the writer has repeatedly pottery, the use of the land to travel over by received accounts from Shoshone and means of trails and the like. Paiute informants of camps maintained by entire families and groups of families for In other words, the picture is over­ days at a time, ten and even twenty miles simplified. Important facts are minimized. The from water, when seeds, salt, and flints, situation is over-typed or excessively typed, if edible insects or other important supplies you will, instead of being balanced. made it worthwhile to do so. Water is used 1 wonder if 1 might read one more quo­ sparingly and when the ollas in which it is transported are empty, one or two persons tation which illustrates this point in certain make the long trip to replenish them. fashion? Q. Yes, please do. That is the end of the quotation, and it A. This feature of secondary use, 1 quote illustrates, I think, an inherent difficulty in a from an exhibit prepared by myself 1 never mechanical application of a, I'll say, a formula knew it was going to become this popular. It is or a theorem which selects only the most Exhibit RH-126. It is a set of lecture notes favored areas. These are areas which 1 am quite prepared by me for a correspondence course sure would be classified as of, in the termi­ which 1 conduct at the University. nology of defense witnesses, as an area of little The reference occurs on Page 4 of Assign­ or no use and yet here is circumstantial ment 11, and it is not an original, but it is a evidence to the contrary. quotation taken from the monograph of Julian Q. Now, Doctor, right along that same Steward, entitled Ancient Caves of The Great line, can you give us an example of the Salt Lake Region, published by the Govern­ Government's idea of the selective consid­ ment as Bureau of American Ethnology eration of data? CALIFORNIA AT 47 CENTS PER ACRE 45

A. I can and I will cite as my example between lands or vegetation of medium value Defendant's Exhibit No. 163. and little value? MR. BARNEY: I didn't get that question. The terms are vague. They are descriptive. MR. FOSTER: Q. Will you give us an They are undefinable within any precision, but example of the Government's selective consid­ the defense has converted these into exact eration of the data? percentages although with the qualification of A. 1 would characterize, although 1 do not "circa" or "about." Indians are human, that is, living, sentient animals who possess ideas and Q. Pardon me. What is that exhibit about? ingenuity and what is also important, they A. I am about to say that I do not recall the possess the cultural equipment to put these precise title, but 1 think it is a summary at any concepts into action, and the application of a rate on the last page of "California Vegetation mathematical formula to vegetation maps in Types" and an estimate of their utility and on order to compute what land was used and what that page it is stated, at least this is roughly was not used by the Indians is mechanical and what it states, about 23 percent of California arbitrary and ignores the Indian accounts of was of maximum or most value to Indians, how actually they lived and did use the land. about 21 percent had medium value. A further comment might be made [as] to COMMISSIONER O'MARR: Did you the artificiality or the mechanistic nature of say 173 or 163. this method as shown by the conversion, the MR. FOSTER: 163. automatic conversion, of linear stream miles THE WITNESS: 163. into squar miles aparently for the purpose of If I can backtrack a little and quote from adding stream linear miles to other square this exhibit: land-mile totals. It still remains a fact that "Most valuable vegetation types, about 23 linear stream miles are not square land-miles, percent, vegetation types of very little or no and in this sense the data depart from reality. value, about 53 percent; and types of medium MR. FOSTER: Q. Now, Doctor, how value, about 21 percent." about ownership as used in the common COMMISSIONER O'MARR: That is meaning of the term and as expressed by the speaking of the State as a whole, as I under­ Indians themselves? Do the Indians recognize stand it? ownership? Do they exhibit an awareness of THE WITNESS: Yes, sir, that is my their boundaries? understanding of what is intended by these A. That is really two questions and 1 will figures. answer them in sequence. COMMISSIONER HOLT: That was California Indians each, insofar as my with reference to vegetation? knowledge goes, and I admit that 1 am not a MR. FOSTER: Yes, I believe to vege­ linguist, [?] a study of Indian languages tation only. appears to be poor in abstract nouns for such THE WITNESS: The question which terms as boundary or limit. Mostly California occurs to me is how it is possible to make such Indians expressed these with reference to specific numerical expressions of terms which concrete situations as for example, in referring are themselves vague and not precise. Why are to a specific physiographic feature such as a lands of no value and little value lumped mountain, a creek, a canyon as marking the together? One might also ask what point boundary or the limit or the edge of their distinguishes land of most value from medium territory. Various of the plaintiffs exhibits value, and where is the distinguishing point contain recorded Indian testimony as to such 46 JOURNAL OF CALIFORNIA ANTHROPOLOGY things as the Indian cairns, piles of stones saying that such do not exist. I am saying 1 do which were built, in this instance I am thinking not know of any examples or instances. of the Yokuts, to mark boundaries, of the use Q. Now, Doctor, you were present and of creeks, mountains, and the like which served heard or read the transcript in this case ofthe as the outward indicators by which Indians testimony of Dr. Beals and Dr. Driver as to the delimited the territory of the group. matter of the home range, the area surround­ For a specific example, Stephen Powers, ing the village within a radius of daily move­ whose book. Tribes of California, was pub­ ment out and back from that home village? lished by the Government in 1877, Exhibit A. Yes, sir. RH-15, writes on page 109 that the Mattole Q. Will you please comment on this home and Wiyot of Northwestern California marked range idea? their boundaries by certain creeks, canyons, A. The home range idea is obviously true conspicuous trees, and springs, and that the in the sense that residence is normally close to mothers taught their children the name and or in the general area ofthe greatest productiv­ exact location of these boundary markers, and ity. To think otherwise would be unreasonable. when the children were old enough, conducted But what is also true and has not here been them around the boundaries to see and learn sufficiently emphasized is that the home range these markers. And there are other examples of alone was not all that was really owned. Any precisely this sort of thing on which I gave impression that the home range by itself testimony last year. counted as the sole subsistence resource area is 1 cannot give you the page reference from in my opinion incorrect. the transcript. Within the group-owned area there was a For another example, in Exhibit RH-125 sliding scale of land and resource use. The on page 385, Dr. Walter Goldschmidt and two central or nuclear area, if you will, was the co-authors wrote of Black Butte, which is a region of maximal use and progressively, as prominent mountain, as the "Yuki-Nomlaki one goes toward the edge of the territory, the boundary line." utilization became quantitatively reduced. The evidence, I believe, is abundant and I am, of course, assuming here a hypo­ specific that delimited territories was a regular thetical situation where the.main body of and normal part of California Indian life. I did settlements and the most productive area not go into that matter in detail. I have given occupies the center of the territory. That may testimony and cited exhibits last year. 1 looked or may not be the actual instance. It is closer, it up the transcript on a portion of that; at least a seems to me, to the actual situation to realize compact portion of it is contained in the that this scale from maximal to minimal transcript pages 349 to 357. utilization is a normal phenomenon in Indian Q. That is the 1954 transcript? California, and to make the further point that A. Yes, sir. this variability of use was restricted to the area Q. Now, Doctor, as respects the testimony within the group or, if you will, tribally owned you have heard or read concerning depop­ territory. ulation or diminution of numbers of the Q. Did the people of a village restrict their Indians of California, do you know of any movement to the home range? That is to say instances of boundary changes ofthe groups of within a radius of ten miles from their home. Indians of California between 1830 and 1848? A. No. They obviously did not, nor do I A. 1 know of no instances of boundary think that is specifically claimed by the changes between 1830 and 1848. 1 am not defense. The point is, however, that the great CALIFORNIA AT 47 CENTS PER ACRE 47 majority of California Indians shifted from two or three weeks up in the hills or who on their homes seasonally or made trips to occasion would go from one to four weeks up particular places to collect special items. At the or down river to attend a big ceremony. same time it is generally true that at any one The Coast Yuki, and in fact most of the time—and I think that phrase is important— Coast Range Indians, had two or three or four most ofthe subsistence activity was carried out seasonal home and camp spots at which they within a five- or ten-mile radius. But in the lived successively during the course ofthe year. course of the year the scene or the center ofthe And evidence has been introduced in exhibits nucleus of operations might shift materially. to show the desert peoples moved readily, as in Let me attempt to illustrate this with the instance of the Diegueno which I read reference to the Wappo, a group who in earlier. They might move as much as half a aboriginal times occupied what is now gen­ dozen times in the course of the year, living erally speaking Napa Valley, some miles north successively at different localities, exploiting of San Francisco Bay. The main source of the food which was in season, and moving on information which we have on the Wappo is a to the next point when that food supply was monograph by Dr. Driver entitled "Wappo exhausted or the next food resource which Ethnography." It has been mentioned before became available encouraged them to do so. here, Exhibit RH-89, on pages 185 to 187, and Q. Doctor, have you any other observa­ there is a list of economic resources of the tions on this subject of the home range idea? Wappo. And if one inspects that list, he can A. Only this, that the economic radius or count four salt-water animals, ten fresh-water home range idea is a sound basic concept. But species, 12 species of birds, 20 kinds of land it must not be unduly emphasized, because it is animals, 3 insects, over 50 plant products modified by variable factors, especially sea­ which were edible and collected, and in sonal shifts within group-owned territory and addition, such additional items as salt, what by special expeditions beyond the one-day trip the Indians call pepper, pine sugar, which was and return radius when people are looking for a condiment, yellowjacket larvae, and so on special items. and so on. Q. Then, Doctor, do you think the distinc­ The total amounts to over 100 food items, tion between unused areas and unoccupied and you do not have to be much of an ecologist areas is important in establishing the extent of to show that these, the total, the totality of land used, occupied, and possessed by the these food resources were drawn from the hills, Indians of California? the valleys, and from fresh and salt water A. Yes, I do think that such a distinction is sources at various seasons during the year. important. It would be incorrect, I believe, to Now, in this sense, if one were adhering equate the words "unused" and "unoccupied," strictly to the home range idea as though the because an area is not lived in the year round. home range was something permanent estab­ In other words, that it does not hold perma­ lished and maintained throughout the year, we nent villages, does not mean that it was not would have to include all of Wappo territory as visited and camped in and gathered and hunted the home range, and we have examples of this, over during a portion of the year. as I have indicated in referring to seasonal In other words, the occupation of an area movements and exploitation of area—we have may be general or sporadic. examples of this for the Yurok and Hupa, who Q. Doctor, do you know of any sizable are notably a sedentary people who in the areas in California which were not used by the acorn-gathering season would go camping for Indian? 48 JOURNAL OF CALIFORNIA ANTHROPOLOGY

A. No, and 1 have testified to this effect logical sites lying between the elevations of before, I do not know of any sizable areas 5500 and 7800 feet above sea level. Some of which were not used by Indians. And 1 might these are very large sites. That is, they cover a illustrate this point by referring to Plate 37, wide expanse of terrain, and some of them which is a map entitled "Territory and Villages have actual depth of deposit, showing that they of the Maidu and Miwok," which is printed in must have been lived on year after year, or at Exhibit RH-50, Dr. Kroeber's Handbook of any rate for a considerable period of time. the Indians of California, opposite page 446. The details, as I say, are contained in the On that map are plotted 72 Maidu and 109 exhibit. Miwok villages. The second study to which I refer of Their actual and precise location is shown reconnaissance of the high Sierra was pub­ on that map, and the name of the village is lished by Dr. Meighan of the University of given on a nearby page in text. These are California at Los Angeles, and concerns five permanent named villages, most of which lie selected areas in Mono County east ofthe crest below 4000 feet above sea level. of the Sierra. That has not, I believe been If we draw circles with a 10-mile diameter submitted in evidence. with each village site as a nucleus, almost the Q. No, I have it here. Doctor. entire area below 4000 feet would be included I would like to introduce as Plaintiffs in the home range of one or another of these Exhibit RH-184, Reports ofthe University of villages. Above 4000 feet, if we use archaeo­ California Archaeological Survey No. 28, logical sites, although it is admitted that the papers on California Archaeology 27-29, archaeological survey is not complete, but in issued January 1, 1955. my opinion, above 4000 feet, using the same MR. BARNEY: No objection. method, one would find a great portion ofthe COMMISSIONER O'MARR: Admitted. area also covered. The higher slopes of the MR. FOSTER: Q. Will you go on, please. Sierra, up to the crest, which may range from Doctor. six to nine or ten thousand feet, shows A. I will briefly abstract the observations abundant record of archaeological sites which of Dr. Meighan with reference to his five are interpreted as evidence of seasonal camp selected areas for intensive survey. sites used in the period between the late spring The first of his areas he calls Chidago and the early fall. Canyon. He gives that an elevation of 4400 feet In three areas of the higher Sierra, the above sea level, and in it he found, in 7 square Archaeological Survey of the University of miles, 36 archaeological sites which consist of California has conducted a search for archaeo­ house rings, or what may alternatively be logical sites and has studied these sites in an hunting blinds, camp sites on the surface and effort to learn something of the nature of cave living or camping sites. Indian occupation and use. It is my opinion that these are late The first of these studies to which 1 refer prehistoric or from the period of time immedi­ has already been submitted in evidence as ately before the opening of the historic period Defendant's [Plaintiffs] Exhibit RH-130, and at about the middle ofthe last century, and that it concerns parts of four Sierra counties; these sites were spots where hunting and Nevada, Placer, Eldorado, and Alpine. gathering parties camped. Here in the area estimated to comprise His second area is the Benton range, which about 300 square miles and which was not very ranges in elevation from 5500 to 9000 feet intensively looked over were found 25 archaeo­ above sea level, and in 16 square miles he and CALIFORNIA AT 47 CENTS PER ACRE 49 his associates located 130 archaeological sites MR. FOSTER: At this time, if the Com­ which were situated along creeks, in the mission please, I would like to offer this as mountain passes, and, in his words, "on bare Plaintiffs'Exhibit RH No. 185, an appraisal of mountain tops." Most of these are small sites. the archaeological resources of Yosemite One of them was an obsidian quarry from National Park by James A. Bennyhoff, archae­ which the Indians collected volcanic glass to ologist. University of California Archaeo­ make implements. logical Survey, data collected in July 1952, His third intensive area he called Crooked September 1953, and August 1954. Meadow, and says simply that it occurs at an MR. BARNEY: Let me just ask the elevation of over 9000 feet above sea level. 9000 witness a question or two about this particular feet is a rough measure of timberline in exhibit. 1 didn't quite understand what you Cahfornia. Here in five square miles he found said. You said first it has not been published? five sites which were temporary camps, THE WITNESS: Yes, that's correct. presumably, in his opinion hunting stations MR. BARNEY: Now, who prepared this where people camped while they were hunting particular monograph. Dr. Heizer? animals. THE WITNESS: Mr. James Bennyhoff, His fourth area is the East Walker River, who is attached to the Archaeological Survey. ranging in elevation from 6100 to 7500 feet MR. BARNEY: Was it prepared for use in above sea level. Here in 12 square miles he connection with this case? found 109 archaeological sites; and in his fifth THE WITNESS: No. It is prepared at the area, the northern Owens River, whose request of the Federal Government, who altitude he gives as 6900 feet, in three square approved the archaeological survey, asking miles he located 13 sites. that an appraisal of the archaeological re­ Now, I cite this, these data, to illustrate the source of Yosemite National Park be con­ fact that at least here and in my opinion ducted for the Federal Government. elsewhere at comparable altitudes through the MR. BARNEY: I understood that. All I Sierra, there are numerous archaeological am asking is, it is this part of the report, even sites. though it has not been published as of this One other study, the third of the three minute— which I have mentioned — THE WITNESS: This is an abstract of his MR. FOSTER: Q. Pardon me. Do you report which will be submitted to the National mean archaeological sites that the Indians of Park Service without the change of a single California occupied? word. A. Yes, sir. MR. BARNEY: That is all I wanted to The third area studied was Yosemite know. No objection. National Park. This work was done by Mr. COMMISSIONER O'MARR: Admitted. James Bennyhoff, attached to the Archaeo­ MR. FOSTER: Q. Proceed. logical Survey. The work was done under the A. There is attached to the exhibit a map terms of a contract between the Federal which indicates the area surveyed by [for] Government, the National Park Service, and archaeological sites. 1 did not, and Mr. the University of California. Bennyhoff did not, compute the number of These data are not yet published, and a square miles or square acres or linear stream photostat of the relevant data has been miles which he surveyed. That is, 1 cannot give prepared as an exhibit which has not yet been you those figures. offered. However, the tables show that from the 50 JOURNAL OF CALIFORNIA ANTHROPOLOGY elevation of 1600 feet to about 11,000 feet BY MR. [RALPH] BARNEY: above sea level, over 300 archaeological sites Q. Before we leave this issue and while it is were located. Between 3500 and 10,700 feet fresh in everybody's mind, you referred to above sea level, 328 archaeological sites which Exhibit RH-130, and I was able to put down fall into various classifications as indicated and your figures accurately as you gave them. described in the exhibit were located. Professor, I got these figures. If I am incorrect, Thirty-six of these archaeological sites lay please correct me. I believe you stated, and at elevations above 9500 feet above sea level, frankly, I don't remember which area you were and within the boreal zone there were found talking about, but I believe you said within an 201 archaeological sites, and in fact some of the area of 300 square miles— largest sites were in the confines of what is now A. Estimated area. Yosemite National Park, lay in the boreal zone Q. —estimated area of 300 square miles at an elevation of over 9000 feet—although the there were 25 sites found; is that correct? boreal zone, if I am not incorrect, begins about A. Yes, We found 25 sites. 6000. Q. An estimated 300 square miles would In addition and as a fact of interest. Dr. C. give 7860 acres, wouldn't it, at 640 acres to a Hart Merriam, who made a particular study of square mile? the Indians of Yosemite National Park, A. I will accept your figures. located and published in the Sierra Club Q. So you found one site to each 12 square Bulletin some years ago a list of 36 historic miles? Miwok village sites within Yosemite Valley A. That's approximately correct. proper. That is the nucleus of the recreation Q. Now, let's take Mr. Bennyhoff—which area, and I say this is of interest because Mr. I have had no occasion to look at, but Bennyhoff and his colleagues were able to find fortunately it kind of flipped open to page 22. archaeological evidence of 27 of those 36 Let me start at page 21 at the bottom: archaeological sites. "A minimum of five scattered obsid­ It appears from these three cases as ian flakes, and artifacts, a mortar rock or evidenced in Exhibits RH-130, -184, and -185, pictograph was acquired [required] before a that the higher elevations ofthe Sierra, which site was recorded with a UCAS number. In this are classed as areas of little or no use by the region of intensive surface collecting for over defendant, were in fact much used by Indians. half a century combined with the frequent I submit that these are only samples, but surface cover of leaves and needles, it was felt wherever extensive and intensive surveys have that five obsidian flakes was not too small a been conducted, the story has been the same. requirement for the definition of a site." How important such seasonal visits were Is that the basis upon which Mr. Ben­ to the Indians, that is, in the sense of how nyhoff got at least some of the 300 sites that important they were in the life ofthe Indians, I your referred to, on the basis of as few as five cannot tell you. I do not know, but the large obisidan flakes? size and what seems to be to me the rather high A. Yes, sir. If you will read—I know you number of sites indicates that the transition have read this—if you will read the rest, you and the boreal zones were somewhat more will see what he classes as large sites and which than casually exploited by the Indians of are, I believe, in the majority, are surface California. areas in excess of 1500 square yards. He is MR. FOSTER: You may cross-examine. going by area. CROSS EXAMINATION The point Mr. Bennyhoff is making here— CALIFORNIA AT 47 CENTS PER ACRE 51 and 1 would support him in this, although he A. The Yosemite Park area is such—1 am did not consult me at the time; this is his own not trying to avoid answering your question— opinion which I would support—is that in the but trying to answer it. The Yosemite National valley area which is visited by something in the Park area, which includes an area surrounding neighborhood of one million citizens per year, the valley itself, contains three life zones— practically everything in the nature of Indian upper Sonoran, transition, and boreal. The artifacts—a piece of black, shiny obisidian has valley, I believe, if I am not incorrect, is in the been picked up. I would say that originally upper Sonoran. before the swarm of tourists ran over Yosemite Q. And that is what you say Mr. Ben­ Park, that each of those sites contained on the nyhoff is talking about on pages 21 and 22 of surface, a rather greater evidence of Indian— the Plaintiffs' Exhibit RH-185? the presence of Indians. A. Yes, sir, 1 think that is so. Q. Are you suggesting that there are today Q. You will observe there that on page 22 even swarms of tourists in the high altitudes of he refers to grinding of acorns. the Yosemite? A. Yes, sir. A. No, sir. You see, the archaeological Q. Those acorn would come from the material on the higher sites is more numerous. woodland grass association, would they not, Q. What, if you can tell—I can't—what that we have been talking about. Dr. Heizer? area is Mr. Bennyhoff talking about on pages A. Yes, sir, they would. May I add 21 and 22, because I want to ask you some something? more questions about it? Q. Go ahead. A. He is talking about the valley area. A. Indian ethnographic data, and the Q. Can you point out to the Commissioner archaeological evidence of mortar holes used on any one of the maps there convenient to for grinding acorn which occur at elevations in you? many instances several thousand feet above the A. Can 1 what? nearest acorns, those two observations, Q. The valley area that you say Bennyhoff ethnographic and archaeological, combined is talking about. indicate the truth of the Indian statement that A. By "valley area" I mean the valley floor, when they went up into the higher zones they the floor of the valley. carried with them baskets ofacorns which they Q. Will you point it out? used as supplementary food. A. The valley floor doesn't show on that Q. Now, what did the Indians use the map. boreal zone for? What food or what purpose Q. What group of Indians lived in the area did they occupy the boreal zone for? 1 am not that Mr. Bennyhoff is talking about, or did live talking about Bennyhoff now. I am just asking in it? you what you think they used the boreal zone A. Southern Sierra Miwok. They still live for. there. A. Yes, sir. For hunting mountain sheep. Q. Would the valley floor correspond There was apparently some fishing, and there approximately to the yellow area on Defend­ are plant foods which are listed as having been ant's Exhibit 157? Indian foods at that altitude. A. I have not even looked at this map Q. Now, are you still talking about the before. Yosemite Valley area? Q. Maybe the life zone map would help A. 1 am talking about the Yosemite you better. National Park area at higher elevations within 52 JOURNAL OF CALIFORNIA ANTHROPOLOGY the boreal zone. A. Yes, sir. I might add, if I may that I Q. The plant foods that you refer to would think these boreal sites were primarily occu­ not be available to the Indians when the snows pied by hunting parties. were covering the ground, would they? Q. You notice the third line of that A. No, sir, they would not. paragraph? Or let's read the whole paragraph. Q. And when would snows cover the higher elevations in Yosemite National Park? The remaining camp sites much [must] A. Well, the fact of snowfall, the advent have been associated primarily with hunt­ ing because the number of useful plants at of the first snow, and so on, is contained in this these elevations is extremely limited and report. 1 believe it is in October, generally fish are not available. in October. Q. Getting away specifically from the A. Yes, sir. Yosemite, of what use generally would the Q. To what extent would you say, as an boreal zone of California be to Indians? anthropologist, that the Indians of California A. It would be a place where they would go utilized the boreal zone for subsistence? in the favorable season, by which 1 indicated A. Well, Mr. Barney, 1 can't give you facts broadly the summer, to hunt, to fish, to collect and figures. I will try and give you my honest wild food plants that were available. impression or opinion. COMMISSIONER O'MARR: Maybe we Q. Go ahead. had better change reporters at this time. A. I said, 1 think earlier today, that I did (Recess.) not know how important the boreal zone was Q. 1 asked you. Professor Heizer, what to the Indians. And by that I meant I do not they would use the boreal zone for and you said know how important those summer trips to hunt, to fish and collect such wild food figure into the total life pattern ofthe Indians. plants as were available. What wild food plants That is what I meant by saying how important as were available. What wild food plants would it is. be available in the boreal zone? May I continue a moment? A. Are you referring to the Yosemite Park Q. Go ahead. region? A. I believe that there is some likelihood Q. No. We are talking about the boreal that valley Indians went to the boreal zone zone generally. where they could make a living by importing A. If I might be allowed to refer to page 31 some foods, by carrying some foods with them, of Exhibit 185, there is a list there of plant such as acorns as a staple and augmenting foods within the boreal zone which includes what they carried with them by these limited juniper berries, sugar pine, pine nuts— plant foods which were available and by Q. Where is that? hunting which, however, was fairly good at A. Excuse me. The last paragraph on page those high altitudes. The deer, mountain 31. sheep, rabbits do range through that country Q. Go ahead. and can be collected. And I suspect that lots of A. They are there listed. Indians went up to those altitudes for the same Q. Go ahead. reason that some of us go to Lake Tahoe or to A. Well, do you want me to recite those, the High Sierra in the summertime. I think one sir? motivation may have been a change of scene, a pleasant alteration of the common life pattern. Q. Well, that is what you have reference So that when you ask me how important that to? CALIFORNIA AT 47 CENTS PER ACRE 53 was 1 am giving you a guess. I don't know. A. Excuse me. I'm not asking you ques­ Q. But you are suggesting to the Commis­ tions. sion that because an Indian may have gone to Q. This, from now on, is the season of the higher altitudes of the Sierra or the coast snowfall in the high Sierra, is it not? region, any place within the boreal zone now, A. Yes, sir. for a change of scenery, that that was "owned Q. How long would the snows continue? 1 by him, occupied by him" and that on the basis mean until when? of his going up there for a change of scenery he A. The snow, this first snow—it snowed on ought to be paid for it? the 4th of July at Lake Tahoe. It snowed a few A. I am not suggesting that because that is days ago, last week. That snow is gone. It a conclusion which—that is going to be the amounted to a half an inch or a very minor bit, decision in this case. If 1 could put it in my a light snowfall which has since been burned words 1 would say that the fact that the Indians off by the sun. But in October likely, or at any went to the boreal zone, lived there, used the rate by November, possibly not until Thanks­ area for subsistence—and by live there I mean giving, there will be enough snow to impede occupied seasonally, not through the whole foot travel and drive the deer from the higher course of the year—that to my mind is altitudes. Let us say October to November. consistent with the general proposition which Then the advent of spring and warm weather the plaintiffs have made that this is evidence of will pretty much or effectively clear the Sierra, use and occupancy. Now, did you inquire as to and 1 include here most of the boreal zone, whether this was evidence of possession? which is available for hunting and so on, by Q. I think you said it was earlier in your April or May. testimony. Q. So then we have a period roughly from A. I mean in reference to this particular Thanksgiving to the middle of April or the question which you have just asked me? middle of May where snows would be heavy Q. Yes. 1 used the term. and the area would be inaccessible? A. Would you mind if 1 asked to have that A. Yes. During which time I believe read over? Indians would not be occupying the boreal Q. No. Read the question. zone and the presence of Indians which can be A. I don't want to talk about it if you didn't documented in such accounts as Fremont, for ask me about it. a party traveling through the Sierra, that (Record read). would be about the extent of Indian utilization THE WITNESS: 1 believe 1 have answered of that territory, using the lower passes in the your question. winter period. MR. BARNEY: Q. So it was occupied by Q. Now, let's take the other period. That is him then. from the middle of April or middle of May A. Yes, sir. 1 say that that area was until the following Thanksgiving day. To what occupied. extent in vour opinion would the Indians of Q. I noticed in the paper a day or so ago, or California use the boreal zone and to which at least since this hearing has been on that the extent would they occupy it? first snow fell in the high Sierra. Did you notice A. Could 1 ask you to be more precise as to that? what you mean by extent? Do you mean how A. Yes. many Indians? Did you read the snowfall? Q. How many Indians, what would they Q. No, 1 didn't. use it for, what would they get? 54 JOURNAL OF CALIFORNIA ANTHROPOLOGY

A. 1 can't tell you how many Indians. A traverse, the transition and included the boreal sizable proportion, according to information zones. known to me, of the Washoe would go into the Q. Can you give us that exhibit? Tahoe-Truckee region which lies at an ele­ A. I believe it was Dr. Kroeber who vation of six to seven thousand feet, perhaps a testified to that and I am unable at the instant little higher, in the summer-time. Half or—1 to tell you the title or the number of the Plain­ am guessing here—or estimating on the basis tiffs exhibit. of what I know—half or more, slightly more Q. Well, now, let's see if we understand perhaps, of the Washoe people. each other. You're saying that the individual For the Miwok, the hill or Sierra Miwok, tribelets of the southern Sierra Miwok, the most of whose permanent homes, that is, home area of the individual tribelets in some villages lay below 4000 or 4500 feet, a very instances extended through the upper Sono­ sizable contingent of those people would move ran, the transitional and into the boreal zone? up into the Sierra, into the upper transition A. I do not say that precisely and I am not and boreal zones in the summertime to hunt trying to quibble. I think at the lowest and to fish and to collect. elevations the tribelet areas might have been Q. Dr. Heizer, will you step here to this life self-contained within the lower Sonoran, but zone map just a moment? Referring to the in the upper elevations, in many instances, they Sierra, you mentioned the Miwok. Are you did transcend the next succeeding life zone. saying that southern Sierra Miwok people who Q. You changed my question completely. lived in the upper Sonoran zone, the area I asked you to assume that there were colored in yellow, went up into the boreal tribelet Indians or Indians of a tribelet living at zone? or about the junction of the area which is A. I am saying that some of them did, yes shown in Defendant's Exhibit 158 as northern sir. valley Yokuts and southern Sierra Miwok. I Q. How many tribelet areas would they asked you if any of those tribelets, those have to go through to get up there? 1 am tribelet Indians, would go up into the boreal assuming that there were Indians living on the zone. 1 understand you to say yes. edge of what is here indicated as northern A. Yes, sir. 1 repeat that. valley Yokuts as distinguished from southern Q. Then my next question was, would they Sierra Miwok? not have to cross and enter into the territory of A. If I interpret your question correctly other tribelets, tribelets not of their own, in you're asking me if southern Sierra Miwok order to get to the boreal zone? moved up through the transition into the A. Yes, sir. In that instance they would. boreal zone or into the transition and boreal And I don't think it is so theoretical or zones, would they have had to cross tribelet hypothetical. 1 think that is actually what did boundaries? happen. Q. Yes. Q. You have heard a lot of testimony, have A. Yes, sir, they would. 1 think on occasion you not, that these tribes were, that the area of in some instances. But I qualify that answer by each tribelet was carefully guarded, that saying in some instances, because it turns trespassers were repulsed? You yourself in this out — and this evidence has already been hearing have referred to cairns that were presented in some detail here in the earlier erected in order to protect these tribal bound­ hearing of last year—many of these upper aries, tribelet boundaries. elevation tribelet territories extended up into. A. To mark the tribelet boundaries. CALIFORNIA AT 47 CENTS PER ACRE 55

Q. Are you saying then that these tribelet the tribelet territories ran across several of boundaries didn't really amount to anything? these zones. But that is not always the case. In A. No, sir. I am not saying that at all. This some instances the upper elevations were free question is important to you and I can answer territory for the tribelets at lower elevations. it. But 1 will preface my answer by saying it has Q. What illustration can you give us of already been answered, that the testimony is in that, can you name one? the transcript. I would like to answer the A. 1 will make a guess. I am remembering question. I only wanted to say that. back a year. I believe that Dr. Beals' Nisenan This in a general way is the situation. report would support that. 1 do not pick that Carefully delineated tribelet boundaries did specifically, 1 pick that as one of several exist in the consciousness of the tribelet exhibits which I think support that contention. members. Now, within the same linguistic If I am incorrect in my recollection of that groups members of outside tribelets who were I could supply it if I had a chance to refresh my on friendly relations with members of another memory. exist in the consciousness ofthe inhabitants or Q. 1 am not questioning that. I don't in the consciousness of the tribelet members. remember. But let me understand this free Now, within the same linguistic groups territory. Would you say that again? What was members of outside tribelets who were on free territory. Dr. Heizer? friendly relations with members of another A. Much of the higher elevations, terri­ tribelet, could pass through the territory of tories owned by or controlled and defended by another tribelet, the second tribelet, provided groups at lower elevations were felt as owned, they announced their peaceful intentions and but were not cut up into individually-owned were only asking for a clearance so to speak. sections. It was owned, so to speak, in the sense As I have said, the evidence of that and the that this was open territory for the general testimony to that effect has been stated by the group. Let us say the Nisenan comprised mere fact of tribelet boundaries and the tribelets or the southern Sierra Miwok—I am additional fact of the defense against the perhaps not making myself clear. trespasser. That does not mean that no one Q. Are you saying that there is a territory ever crossed the tribelet boundaries for which was free to all members of a linguistic friendly purposes. But I think when the tribelet group, and we will use Nisenan whether boundary was crossed, and I have this opinion it is applicable or not, because you used it, on the basis of the ethnographic evidence that are you saying that there was territory which whoever crossed that boundary, be it an was free to all members of a linguistic group individual, a hunting party, a bunch of people that is not strictly the territory of a par­ bent on trade or something of that sort, they ticular tribelet? announced their coming and were careful to A. So far as is known, it is not owned indicate that they were coming, and to get as 1 specifically by a tribelet. have said, clearance. Q. That is what you are saying? Q. Are you saying that the inhabitants of A. That is what I am saying. one tribelet, in this instance living in the upper Q, Where would such conditions exist? Sonoran were free to exploit the resources of Among what linguistic groups would such another tribelet up in the boreal zone? conditions exist. Dr. Heizer? A. I will have to refer now back to A. Well, 1 gave you the example of the something which I said earlier about three or Nisenan. four minutes ago. I said that in some instances Q. Can you give us another one? 56 JOURNAL OF CALIFORNIA ANTHROPOLOGY

A. I believe that is true of the Sierra territory against the incursions, for example of Miwok. Washoe from the east or Miwok to the south. Q. Excuse me just a moment. Just so we Q. Who owned the territory in the sense get the names straight. We have on this map that you are using ownership? northern Sierra Miwok, southern Sierra A. That territory is owned—well, it is Miwok. Are you including both northern and owned collectively by the Nisenan. southern Sierra Miwok? Q. Are you now saying, Dr. Heizer that A. Yes. this linguistic group known as the Nisenan- Q. 1 just want to get the terminology Maidu and indicated on Dr. Kroeber's map is a straight. Go ahead. Any others? territorial owning unit? A. Well, those occur to me as examples. A. It is in this sense, I think, provided my Q. Have the tribelet territories ever been in example is right. the northern Sierra Miwok or southern Sierra Q. In what sense? Miwok as indicated by Dr. Kroeber's map, A. In the sense of ownership of that high ALK-I, have those tribelets ever been at­ country. tempted to be bounded that you know of? Q. Haven't you heretofore testified and A. Yes. In part. Some of that has been hasn't Dr. Kroeber testified that these lin­ worked out. Dr. Kroeber in some of that work guistic groups are not land-owning units? has reported that, some ofthe evidence of that, A. Well, this is a linguistic group but it is in his Patwin, his monograph on Patwin. C. also something besides that. It is an aggregate Hart Merriam, although he couched the thing of tribelets. in rather flowery language did that for some of Q. And you are saying, if 1 understand you the Sierra Miwok. correctly, that the Nisenan as a linguistic group Q. Would you step to any one of the maps owned this free country up in the boreal area? that are available to you, all of which have A. Yes. This is the effect. superimposed on them these linguistic bound­ Q. Can you give us any other examples of aries as shown in Dr. Kroeber's map, ALK-1 that type of what you call ownership by a and indicate by some convenient description linguistic group? that portion of the area of the northern or A. If I could have a minute to look it up. southern Sierra Miwok which in your opinion Q. Yes, sir. was free territory, that is free to any tribelet A. I can't seem to find any in my notes, any within the northern Sierra Miwok or the concrete examples to cite for you. southern Sierra Miwok? The alternative type of ownership is A. If 1 may 1 would like to see the report on exemplified by the Owens Valley Paiute who the Nisenan. Would that be possible to see the owned these strips which ran up, that is, they exhibit? owned valley, lower mountain, and high Q. Surely. mountain strips, as shown in the map in the A. This is pretty inexact and 1 don't want report on the Owens Valley Paiute. to be taken too literally on this. But above Q. Well, 1 wanted to go back for a moment 4,000 to 4500 feet in Nisenan or southern to your testimony concerning RH-130 and Maidu territory roughly in this area, that is particularly to the reference of the 25 sites territory which is open insofar as my recol­ found in approximately 300 square miles. lection of the data go. 1 may not be correct on What was the elevation of that again, Dr. this since I am using it as an example. Open to Heizer, do you remember? the general Nisenan who would defend that A. The elevation ranges for those sites, 1 CALIFORNIA AT 47 CENTS PER ACRE 57 believe, if my memory serves me— A. They represent an absolute minimum Q. Approximately. since that is a hasty or at any rate a rapid non- A. I can look it up. Up to 7500 feet, and as intensive reconnaissance for sites. It was low as 5500 feet. intended to be only sampling. Q. I wish you would tell us what food Q. You and Mr. Alsalcher [Elsasser] made resources the Indians got in those elevations this? and in that area that you refer to and what your A. That is correct. authority for the statement is? Q. From your knowledge again from A. Those Indians ate fish. making these excavations, are you prepared to Q. That they got in this elevation now? say to the Commission that these sites were A. That is true, sir. In the upper American occupied all at one time, the twenty-five? and the Lake Tahoe and in the streams which A. No, sir. That is certainly not the case run into Lake Tahoe. Fishing was extremely with reference to the exhibit, to the sites shown important. This is in, it so happens, the in Exhibit 130. Those sites fall into two classes, Washoe territory. each of which produces a different complex Q. Wait a minute. Excuse me. Are you aggregate of implements. The two complexes talking about the area referred to in RH-130? are separable not only as to content but as to A. I am, sir. This is a map in the exhibit. time, one of these being earlier. But one of They ate wild sunflower seeds. A wider variety them being with as much definiteness as I think of seeds whose names and species I don't can be done using our theological [ethno­ remember offhand. They hunted deer; ground­ logical] data and—using our theological hog, woodchucks, rabbits were important. As [ethnological] data can be tied to a specific a matter of fact, the economy as suggested in living ethnic group, in this particular instance there and the evidence for these statements can the Washoe. 1 did not mean to imply, nor did I be found in the culture element distributions say, that all of those twenty-five sites were lists which concerns the Washoe [and] in R. H. occupied by the same people or at the same Lowie's monograph called, 1 believe, "Notes time. In fact I can't even recall how many are on the Washoe Indians." Perhaps it is called Kings Beach complex sites and how many are "Washoe Ethnography" and this has also been Martis Valley [complex] sites, although that detailed to me by living Washoe Indians. information is contained in there. Q. Can you indicate on Plaintiffs Exhibit Q. That would indicate the time area ofthe RH-130 the area of these 25 sites within the 300 various sites, the time within which those mile range: Are those the sites that are various sites were occupied? indicated on that map? A. Yes. They fall into two apparently A. Yes, sir. exclusive time periods. Q. Now, that is roughly the Washoe area is Q. Now earlier to your testimony you it not? referred to Plaintiffs Exhibit RH-89, and I am A. It is. It is largely included in the Washoe not too sure which one ofthe attorneys for the territory. plaintiff called the attention of one of the Q. Is any of this free territory up in this Government's witnesses to the fact that he had country? referred to pages which were not offered in A. I'm afraid I don't know the answer to evidence, which was all right, but I might that, sir. I could say [something] about these 25 suggest. Dr. Heizer, that you referred to Pages sites if I may. 184 to 187 of Plaintiffs Exhibit RH-89, and Q. Go right ahead. Pages, 185, '86 and '87 are not in evidence. 58 JOURNAL OF CALIFORNIA ANTHROPOLOGY

A. If 1 may say so, it is my impression— detailed report on Indian trade and trails in and the Court Reporter can check me on this— California, the author of which was L.L. if 1 did not, I intended to refer to Page 183. Is Sample. I cannot give you the exhibit number. that page in evidence? Published, 1 believe, in 1950, in which Miss Q. You gave 184 and 187 as 1 wrote it Sample made an effort to collect and synthe­ down. 183 is also here. size and present all ofthe known data, or at any A. 1 won't differ with you. It was my error rate readily accessible data, on where trade if 1 did. I correct thereby. items came from, the direction and the trails Q. 1 want to refer to Page 184 for this over which those items were carried. That question and that is here. This refers to the would be an example of what you have asked Wappo Indians, does it not? for. A. Yes, sir. On the other hand, 1 am not intending to Q. The Wappo are an inland group, are be oblique about your question, if you are they not. Dr. Heizer? asking me if there are other instances of A. Yes. They are one of the ethnic groups interior groups going to the coast, my answer of California. to that is yes. Q. Page 184 refers to the fact, and you also Q. Is that in your opinion evidence of use refer to the fact in your testimony that they and occupancy of the area between their, let's used saltwater products? call it, home territory, and where they went? A. Yes, sir. A. No, sir. And 1 will give you my reason Q. Where did they get them? for that. A. They got them from the ocean, to which I believe that what evidence we have they went on occasion. I think they went indicates that when an interior group passed annually, perhaps, or perhaps sometimes twice through the territory of a coastal group to the a year. Do you want me to tell you how they shore, they asked permission or crossed so to got there? I think they asked permission ofthe speak at their own risk and were ready to Pomo to pass through their territory, or Coast defend themselves. If friendly relations ob­ Miwok. tained, they would ask permission to cross. In Q. The fact that they used these saltwater other words, serve notification that an expedi­ products in their diet and that they got them tion or party wanted to go to the coast. The from the ocean, does that indicate to you that owners of the territory to be crossed would they had such occupancy of any ofthe ocean or grant permission or perhaps might not, if there the ocean shore? were some friction or difficulties that had come A. No, sir. up between the coast Miwok and the Wappo. Q. Then the mere fact that they used The coast Miwok would say "We have had saltwater products is not evidence of use or trouble with you, we don't trust you, we don't occupancy of the Wappo area, is it? want you in our territory. And if we catch you A. That is correct, in my opinion. here we will shoot you." Q. How many other illustrations of that Q. Suppose the Wappo went anyhow, type of use of products do we have which would that be evidence of a right or ownership? indicate that they were not obtained from the A. No, sir. That would not be. But when territory of the particular ethnic group, would they crossed that boundary, when they crossed you say? the line, they would consciously be carrying on A. There is a great deal of evidence of that an act of aggression. They would be entering and 1 have in mind now and specifically a fairly what they, themselves, admitted to be the CALIFORNIA AT 47 CENTS PER ACRE 59 territory of another group and doing it at their presume to tell you what Dr. Kroeber did. own risk. Q. But you know, as a matter of fact, that Q. You say when they crossed that bound­ that is a customary method of mapping these ary. That brings us back to this question of so-called boundaries is to use the drainage boundary. areas, isn't it? Are you telling this Commission as an A. No, sir. I would say the customary anthropologist that the lines on Dr. Kroeber's method insofar as it can be followed is to take ALK-1 are the exact boundaries of these areas, the Indian testimony and to represent that, to of various ethnic groups which have been translate that, on the map. listed? Q. Now insofar as it can be followed—the A. 1 believe that that map has been partly testimony here is, as 1 recall it, that there are amended by Dr. Kroeber. But my answer to approximately one hundred of these divisions. that question is yes insofar as it it possible to Where would your judgment be as an anthro­ represent on a map information acquired from pologist as to the number, where these lines Indians. have been drawn, these lines representing Q. That is the whole answer, isn't it? boundaries have been drawn, as a result of A. Insofar as it has been able [possible] to first-hand information given by Indians, and acquire information from Indians? how much have been drawn in through use of Yes, sir. Or from other documentary re­ deduction, the use of drainage systems? In cords, not all of which comes from Indians. other words, on information that had to be Q. 1 will ask you if it isn't a fact, and I am deduced from other sources? asking you as an anthropologist, if many of the A. Well now, 1 have not read everything lines which have been drawn on Dr. Kroeber's that has been written on California Indians, 1954 map, ALK-1, or the 1955 map, ALK- but I have read a lot of it. And on the basis of 1955-1, are merely the best approximations the published record 1 would say that with the which anthropologists have been able to make possible exception—I would like to have you by piecing together the data which you have ask Dr. Kroeber himself this, because I do not been able to acquire over a period of 50 years? want to give his opinion — with the possible A. Well, I would certainly admit that every exception of portions of the desert section of mile of each line was not specifically pointed California that by far the larger part of those out or traced by an Indian, yes, that is true. lines are drawn on the basis of direct Indian And several of those lines are—I don't like the statements and testimony. word "approximation"—I am not trying to Q. Just to use this as an illustration—and 1 quibble. Those, I think, those are the best or in­ am not asking you to say unless you are able to formed guesses by a man with a very consider­ say specifically—1 want to call your attention. able, in fact the greatest amount of experience, Professor Heizer, to the area shown on this and I think understanding, of California In­ map as Western Mono and Owens Valley dian culture. Paiute where the dividing line appears to run Q. 1 will ask you if you haven't heard Dr. down through the boreal zone for almost its Kroeber testify that in many instances he entire length. Is it your judgment that some followed drainage areas in placing his lines? Indian was able to—is it your opinion that A. That is certainly true. He did follow some Indian, or Indians were able to give any drainage areas. In some instances, however, in anthropologist—1 don't care who, a suffi­ conformity [with] what Indians told him. In ciently accurate description ofthe territory of other instances, he perhaps [did] not. 1 do not the Owens Vallev Paiute in that boreal zone 60 JOURNAL OF CALIFORNIA ANTHROPOLOGY and the western Mono so that anybody can say Q. What was the next one that you with any degree of accuracy whatsoever, "This mentioned? is the boundary line between the Owens Valley A. I mentioned Kroeber's Handbook. Paiute and this is the boundary line between Q. Other than that—I will get to that in the western Mono?" just a second. A. 1 believe that if I had access to some A. Those three 1 mentioned. exhibits, Kroeber's Handbook and the notes Q. The two that you have mentioned are upon which the chapter on what he calls west­ long after Kroeber both wrote and published ern Mono, or what are now called Monachi, his Handbook, aren't they? were based upon, Gayton's Yokuts, and had A. Yes, that is true. recourse to Julian Steward's Owens Valley Q. The testimony here is that Dr. Kroeber Paiute—that in each of those, at any rate two wrote his Handbook, finished it in about 1917, out of three of those, would be found a that there was a lapse of five years, and statement not attributed, that is parentheti­ published in the Smithsonian in '23. cally true, to a particular Indian, but to a A. Published in '25. statement which is, 1 believe—would be based Q. So that none of the data that Gayton upon Indian testimony. At least that would be got and Steward got could possibly have gotten the assumption that western Mono territory in Kroeber's handbook on which Kroeber extended eastward to the crest of the Sierras could have based his line? and that Steward would say the western A. 1 believe that—in other words, the two line of Owens Valley Paiute territory was the sets of testimony are Indian. crest of the Sierras. Q. So we don't know then and you don't Now when those statements are made, the know, 1 presume, on what Dr. Kroeber based presumption is that that is based upon Indian his line? testimony, although as 1 say, in each such A. I am sorry, 1 do not. statement, some ethnologists do it. Mr. Q. Well, lets talk about ecology for a few Gifford often does it, but some ethnologists ac­ minutes. tually tell what informant said what. You said in your judgment that it was not In other words I believe that that line proper to use ecologic approach because, as I which follows the hydrographic line, the crest, recall your testimony, it was too mechanical a the drainage crest of the Sierras, is based upon process. In other words, it didn't take into Indian testimony. consideration all of the various imponderables Q. And you have named what you felt that go to make up Indian life. were the sources from which that information A. That 1 think is one ofthe difficulties or came. Would you name them for me one at problems in using it. a time? Q. The primary function ofthe California A. Steward, Julian Steward, "Owens Indian in aboriginal days was to get a living, Valley Paiute." wasn't it? Q. Written when, approximately? A. Well, could I answer that? A. 1929. Q. I want you to. Q. Who was the next one? A. There are three basic drives in all A. Gayton's "Yokuts and Western Mono." animals. One is to survive by getting enough to Q. When was that written? eat, the other is to search out a mate and A. That work was done in the 1920's and reproduce, and the other is to avoid enemies. '30's and published more recently. This is one of those three. It certainly is one of CALIFORNIA AT 47 CENTS PER ACRE 61 the fundamental and basic motivations for Q. Of course we are not talking about an human activity. Indian getting a living from the upperSonoran Q. Well, I would suppose. Dr. Heizer, that zone if he didn't live in the upperSonoranzone. at least as 1 read the petition ofthe plaintiffs, or I— the amended petition, we are not being sued A. 1 was only trying to be careful. because the United States prohibited the Q. I don't know how to do any of these propagation of the Indian Race, nor have we catch questions. been sued so far as 1 know for anything other The area of the upper Sonoran zone is than the fact that we deprived the Indian of his indicated on the map in yellow. That is the land. area, is it not, in which oaks are found in Now the use of the land to the California greatest abundance? Indian was primarily for the purpose of A. Yes, sir, I believe so. making a living, was it not, subsisting, this Q. Oak is for much, if not most of basic drive? California, the staple or was the staple food of A. A living in a larger sense. Not only food. the Indians, is that not right? Q. What else did the California Indian do A. Yes, sir. That is, it comprises perhaps 50 with the land? percent or nearly so. 1 don't know what. I A. They derived from the land, from the hesitate to use percent. Let's say often around a production of the land, the materials with half of the diet. Less or more. which they made their houses, their clothing, Q. Yes, less or more. In some instances their tools, their weapons, their ornaments, much more, would you not say? paint, food, et cetera, et cetera. The list is A. 1 am afraid I would not know of any long. examples of where it comprised much more Q. Let's include all of that and I had in­ than 50 percent. tended to, in the business of making a living. Q. The transitional zone furnishes an area Now every one of the things that you have within which a reasonable amount of food mentioned, houses, paints, all the rest of them products and all of these various things that we go to make up or are to be found in the various have been talking about can be obtained, does ecologic areas of California, is that right? it not? A. Yes. They occur variably. Although 1 A. Yes, sir. don't necessarily mean randomly, but they are Q. Would you say that in general the widely distributed. Indians of California tended to live in those Q. Do you disagree with the idea expressed areas of California where it was easiest for here primarily by Dr. Beals, but I believe them to make a living? reiterated by every witness who has testified A. Yes. Within their own territory. that the upper Sonoran zone indicated on the Within their own territory, yes, sir. life zone map in yellow furnished or offered to They did live perhaps the larger portion of the California Indians the greatest opportunity the year in those areas where living was easiest for food resources and the other resources to make, or, if you will, in those areas which which you have referred to? Do you disagree were most productive. with that? Q. Isn't it true, Dr, Heizer, that an A. Well, 1 don't know whether it would — Indian being a rational being would not go any within areas in which the upper Sonoran zone further, and I am still talking about within his occurs that general proposition, I believe, is territory, away from his normal site of true. habitation to get something that he could get 62 JOURNAL OF CALIFORNIA ANTHROPOLOGY right close at hand? the oak area? A, No, 1 can't agree with that, Mr. Barney. A. I agree to that. That is something we do not agree upon. Q. There would also be a substantial Q. All right, let's see why we don't agree or amount of other edible food such as grass seeds wherein we don't agree. in the area? Let's take any group that lives in the upper A. Not necessarily. As a rule, no, sir, I Sonoran zone whose major food subsistence is don't think so. the oak. Would you first agree that he would Q. What else would be in the same area? likely have his habitation in the area where the A. Within the oak area? oaks were most plentiful, most available? Q. Yes. A. In the oak area, yes. This is his main A. Well I am not enough of an ecologist to center or nuclear village. answer that for you. I might say that there are Q. Now he wouldn't be apt to be going long published lists of the fauna and flora around the rest of his territory looking for oaks assemblages which are characteristic of the if he could get them right there? lower, and upper Sonoran and transitional A. 1 would not think so if he could get them zones, et cetera. right there. Q, What I am trying to get at, and I will Q. These oaks normally grow along stream just ask the question bluntly and let it go at banks, do they not? that, are you saying to this Commission that in A. No, not necessarily. That is another your judgment as an anthropologist the point on which we will differ. ecologic zones which furnish the m^jor portion Q. Let's put it this way: within the area in of the subsistence of the various groups of which oaks do grow, would you agree that that Indians—and by that I mean if we are talking is the area where most game would be liable to about a desert type, then the area which is— be found, small game particularly, for the using the Kawaiisu merely as an example—the moment? upper Sonoran portion of the Kawaiisu A. Are you asking me if the lowerSonoran territory, or if we are using the southern Valley zone which contains most ofthe oaks contains Yokuts, the upper Sonoran area of the most of the game? southern Valley Yokuts, or any of the others Q. No. I am asking you if that portion of that are of a like character, did not furnish to the lower Sonoran zone in which the Indian the Indian the major portion of his sub­ lived closest to the oaks would not also be the sistence? area where most of the small game would be A. Well, I gave you my opinion that —Yes, found? I think the major portion of the subsistence. A. I think the game occurs, let's say, in and But I would like to add one other thing: that I around—in and among the oaks and outside think that as far as the total or the use ofthe the oaks. 1 think the game is more widely—it total area, referring the Kroeber's ethnic lines, tends to be more widely distributed than the with your reservations—I mean, I am not oak. trying to make you admit anything, but within Q. At least the game can move and the oak the ethnic area, the linguistic group areas, if we can't very well? take the totality of the Indian exploitation of A. Right. the various zones, whether they be two or three Q. But that would be the oak area would or four within that area, that it would be a also be substantially the game area, or at least closer approximation to say that half of the there would be a substantial amount of game in land use might refer to the best favored life CALIFORNIA AT 47 CENTS PER ACRE 63 zone, and the other half—and 1 include here me the Tolowa territory includes only 670 not only food but the multitude of other items acres? gathered and these purposes for which people Q. Square miles. I am sorry. moved, etcetera, [sic] would constitute, I A. I did not mean to interrupt. believe, at least 50 percent, another half. Q. That is all right. I misspoke myself Perhaps I have not made myself clear. Now, let's start over again. Out of a total of Q. I understood you up until that last 670 square miles, 122 square miles, or 18 business. percent of the total area furnished the majority A. About half of the best favored area of of the resources. the total economy and technology. The other A. That is the contention of Dr. Beals. half from the rest of the territory. Q. That is his statement. What do you say, Q. Well, all you are doing, then, if 1 again using the Tolowa area, and assuming understand you correctly, is that you are that the area has been correctly planimetered, disagreeing with Beals on percentages? what do you say furnished the majority ofthe A. Well, I don't think that Dr. Beals has food resources? Are you saying 50 percent ever stated it this way, although I will disagree furnished 50 percent, and the other 50 percent with Dr. Beals on percentages. came from the other 50 percent? Q. Isn't that what you just got through A. Well, 1 have not seen this exhibit before, saying? You are saying, if I understand and 1 am not trying to be difficult. 1 do not you, you are saying that they got at least know whether this 18 percent of the area half of their subsistence from these other— includes square miles converted from linear and these other items from half of the area, and beach miles, beach and Smith River miles, for that they got the other half from the rest example. of their area. Q. If you will notice the symbol "F' at A. I mean from half ofthe area, but from about the fourth column from the right, that is the better favored portions. an indication of linear miles converted to Q. Well,— square miles, linear miles ofthe streams or the A. Yes, I am differing with Dr. Beals on the ocean usable. question of percentages, but it is not simply A. You say that. That is not indicated here, that. When Dr. Beals says that 53 percent of is h? the vegetation types, by which I presume he Q. 1 am just telling you what the testimony also means the territory, 53 percent of the is. Dr. Heizer. territory of California is of little or no value, A. And you ask if I agree? there we are certainly going to differ on Q. No, I asked you, using that as an percentages. illustration, what do you tell us now? What do Q. I will come back to that. Just don't leave you say? this for a minute. A. It is my opinion that that figure is not May I have Government's Exhibit 175 or correct, that the Tolowa used in some fashion 176? or other a larger percentage of their territory Well, now, let's see. Just merely as an than 18 percent. example on Defendant's Exhibit 175, Dr. Beals Q. Well, I am trying to find out now, and has estimated that out of a total area for the only as an illustration, what percentage. I Tolowa of 670 acres, 122 acres supplied the understood you to say that in your judgment majority ofthe resources, or 18 percent. the Indians of California as a whole got 50 A. I am confused. You don't mean to tell percent of the majority of their food resources 64 JOURNAL OF CALIFORNIA ANTHROPOLOGY from approximately 50 percent ofthe area, and BY MR. GORMLEY: that the other 50 percent came from the Q. Dr. Heizer, in connection with the remainder. cross-examination of Dr. Barney which he has A. No, sir. If you read the record, you will just concluded— see that you are misquoting me. MR. BARNEY: Thank you for the title. Q. 1 don't mean to. You state it. MR. GORMLEY: I think he is entitled to A. All right. What I tried to say was this, it. and 1 will try to say it more clearly: In answer to MR. BARNEY: I have been expecting a question of yours I gave you the opinion that that degree for a long time. 50 percent, or half, about half—than generally MR. GORMLEY: Q. In connection with speaking, about half of the total exploitation in his last series of questions where you were its various aspects of the territory of a group talking about your one-half of the total use of would be outside the best favored vegetation the land probably coming off of land other area or whatever area has been selected and than the most productive may the Commission commonly referred to by defense witnesses as read your answers to those questions and that yielding 90 percent of the food. answer to that question as in any way being The point 1 had in mind when I said that— based upon a mental process or a method and 1 know I am now here repeating myself—is comparable to what Dr. Beals used? that 1 think there are more things than food A. No. I believe that I indicated that—or if alone which count in the total Indian economy. I did not, I intended to—that this was simply a Q. Would those other items other than device, a common device, in speech, perhaps food change your proportions significantly? In not in legal testimony but at any rate, it was other words, you say—and 1 have tried to take customary for me to say "about half or this as accurately as I could—about one-half of something of the sort. It does not mean 50 the total exploitation ofthe territory would be percent when I say "about half" It does—in outside the best favored vegetation area. And giving my impression I am giving you an you said, that, however, included the totality of offhand guess. everything that they got from the land. That is COMMISSIONER O'MARR: I think we correct, isn't it? understand that. A. Yes. The land's products. MR. GORMLEY: No further questions. Q. On the basis of food resources would COMMISSIONER O'MARR: We will your proportion of one-half be significantly convene at Palo Alto at 7:30. reduced? NOTES A. Yes. 1 think it would be reduced. Q. From what portion of the given ter­ 1. Omer C. Stewart. Kroeber and the Indian ritory of any given group would you say they Claims Commission Cases. Kroeber Anthro­ got the majority of their food resources? pological Society Papers No. 25:181-190. A. The whole point, Mr. Barney, of my 2. The major hearings were: Washington, D.C., testimony here is that you cannot derive such December 22, 1949 to February 27, 1950; Berkeley, figures. 1 would not be able to provide you with June 22 to July 6, 1954; San Francisco, June 27 to an answer. If 1 could 1 would. July 12, 1955, September 7 to September 28, 1955; MR. BARNEY: That is all. Washington, January 9 to January 12, 1956. COMMISSIONER O'MARR: Any fur­ ther questions? 3. This argument, with supportive data, is REDIRECT EXAMINATION contained in Volume I (in 3 volumes) and Volume CALIFORNIA AT 47 CENTS PER ACRE 65

VI of the American Indian Ethnohistory series California in handling the suit, and by an additional referred to in the text. $12,029,099 which the federal government had expended in behalf of the Indians of California 4. The consolidated California claims case from 1850 on. The amount actually received by the (Dockets 31, 37, 176, 215, and 333) was concluded Indians of California through K-344 was $5,024, in September, 1968, when President Lyndon B. 824. Johnson signed a bill to provide compensation in On the earlier claims case see K. M. Johnson, the amount of $29,100,000. Taking the land K-344 or the Indians of California vs. the United recognized by the Indian Claims Commission as States. Los Angeles: Dawson's Book Shop, 1966; belonging to the Indians of California on March 3, R. W. Kinney, History and Proposed Settlement, 1853, this figures out to 47 cents per acre. Land Claims of California Indians. Sacramento: Cali­ prices in the 1850's in the eyes of Congress in 1968 fornia State Printing Office, 1944. had dropped considerably since 1944. The Cali­ fornia Indians Jurisdictional Act (K-334) passed by Congress on May 18, 1928 permittingthe Indiansof 5. Appendices to Petitioners Supplemental Reply California to sue the federal government in the Brief and Objections to Defendant's Supplemental Court of Claims for compensation for "all claims of Requested Findings of Fact. Vol. 11. Filed May 5, whatsoever nature which the tribes or bands of 1959 with the Indian Claims Commission, Docket Indians of California may have against the United Nos. 31, 37, 176, 215, and 333 Consolidated (pp. 84- States" was handled by the Attorney General ofthe 98). State of California. The decision was favorable to the petitioners, and in 1944 a judgment of $ 17,053, 6. The full opinion can be found in American 941 was allowed. For the lands paid for, the award Indian Ethnohistory: California and Basin-Plateau was based on a value of $1.25 per acre. The money Indians. California Indians, Vol. IV, pp. 402-430. actually paid the Indians was reduced by $28,000 New York and London: Garland Publishing Inc., for court expenses incurred by the State of 1974.