UC Merced Journal of California and Great Basin Anthropology

Title Formation of the Pyramid Lake Paiute Tribal Council, 1934-1936

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Journal Journal of California and Great Basin Anthropology, 10(2)

ISSN 0191-3557

Author Rusco, Elmer R

Publication Date 1988-07-01

Peer reviewed

eScholarship.org Powered by the California Digital Library University of California Journal of California and Great Basin Anthropology Vol. 10, No. 2, pp. 187-208 (1988).

Formation of the Pyramid Lake Paiute Tribal Council, 1934-1936

ELMER R- RUSCO, Dept. of Political Science, Univ. of Nevada, Reno, NV 89557.

A. HE Pyramid Lake Paiute Tribe is today re­ the evidence thoroughly, but a general sum­ cognized by the federal government as a mary is presented of several periods prior to semi-sovereign society within the American the events outlined. There is disagreement polity. Its government, the Pyramid Lake about whether the most basic sociopolitical Paiute Tribal Council, is acknowledged to be unit in aboriginal times was the family (or, the governing body of the tribe and to have occasionally, multi-family) unit or a wider jurisdiction over the Pyramid Lake Reserva­ village or band unit. Steward's (1938) ex­ tion in northwestern Nevada, except where tensive study of Great Basin groups during that jurisdiction has been eliminated or the 1930s concluded that the family was the weakened by explicit action of the Congress basic unit and that, except for Owens Val­ of the United States (Cohen 1982). Before ley, there were no larger units. However, the 1930s, however, although the courts in most Northern Paiutes were not studied by theory recognized the semi-sovereign status Steward. A later study (Steward and of the tribe, in fact, the United States gov­ Wheeler-Voegelin 1974) applied essentially ernment and state and local governments did the same argument to Northern Paiutes, but not acknowledge the existence of a genuine asserted that they formed bands during the government within the tribe. Both the pres­ first years of Euroamerican intrusion. ent government and recognition by Congress Neither of these studies included Pyramid and the executive branch of the federal gov­ Lake. Stewart (1939) argued that the North­ ernment date from the Indian New Deal. ern Paiutes were organized into distinct This paper examines the formation of this bands in aboriginal times. The assumption government in the light of what is known of made here is that the Pyramid Lake group, previous governing structures and the per­ at least, constituted a distinct band, but ception of these structures by the sur­ detailed discussion of this issue is postponed rounding society. Failure to acknowledge a until a later study. government of the tribe, or to recognize it Aboriginal Conditions clearly, has been a significant element in the history of the tribe since the arrival of Prior to the 1850s, the Pyramid Lake Euroamericans in the Pyramid Lake Paiute Paiute band was one of approximately 23 territory in the middle of the nineteenth similar Northern Paiute groups occupying century. most of northwestern Nevada, southeastern Oregon, southwestern Idaho, and a small LEADERSHIP BEFORE 1934 portion of California east of the Sierra There is still uncertainty about the Nevada mountains and north of the Mojave nature of governing structures among the Desert (Stewart 1939; Fowler and Liljeblad Pyramid Lake Paiutes before the 1930s. 1986). Northern Paiutes were linguistically TTiere is insufficient space here to discuss and culturally distinguishable from their [187] 188 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY neighbors, and there were occasional shared expeditions during the annual spawning run activities among various bands and a good of the cui-ui or repelling rare attacks from deal of intermarriage. However, no author­ other groups, and there were other indi­ ity or power structures existed at the level viduals who performed religious or medical of the Northern Paiute tribe as a whole, as services for members of the band. But evi­ it came to be called. Each band had a base dently there was no single leader-no in a specific area, but shared the resources "chief'-and hereditary offices of any kind of that area with other bands and travelled probably did not exist (Knack and Stewart to the homelands of other bands to gather 1984; Fowler and Liljeblad 1986). foods not present in its home territory or for other purposes. Early Euroamerican Contact The Pyramid Lake band occupied one of By the mid-nineteenth century, the area the most productive areas in the Great which would become Nevada had been Basin. Pyramid Lake supplied large numbers claimed by Spain and Mexico for some time; of cui-ui, a fish unique to the lake; the band it became part of the United States in 1849, was known to other Northern Paiutes as the as part of the area ceded by Mexico to the Kuyuidokado, or cui-ui eaters. In the lake United States in the Treaty of Guadalupe and the Truckee River, which was its main Hidalgo. But there is very little evidence source of water, there were also prodigious that these constructs in the minds of Euro­ numbers of Lahontan cutthroat trout. In americans had significant impacts on the addition, there were a great variety of native peoples of the Great Basin before the waterfowl available in Winnemucca Lake, a 1850s. Fur trappers and mountain men had shallow body of water to the east of the come into the area in small numbers as early lake that was fed by overflows from the as the 1820s, destroying game. In 1849, Truckee River, and in a transient lake just large numbers of persons bound for Califor­ south of Pyramid Lake (Creel 1910; Knack nia travelled through the area. In the and Stewart 1984). Many kinds of seeds 1850s, after what would become Nevada had were available around the lake. Piiion pine become part of Utah Territory, small farming nuts, a favorite food of Great Basin Indians, communities were established in the Carson could be secured by travel to mountain and Las Vegas valleys and there was some ranges nearby, and a number of animals, prospecting for minerals in several places. ranging from mountain sheep to rabbits, But Pyramid Lake was off the emigrant were available for capture immediately routes. It was not even known to Americans around the lake or nearby. until 1844, when John C. Fremont visited the As with other Great Basin bands, within lake, and apparently few Euroamericans vis­ the society leadership was consensual and ited the lake during the 1850s (Knack and fragmented. Important decisions were made Stewart 1984). at general councils, and the preferred All of this changed dramatically and sud­ decision-making rule was unanimous agree­ denly in 1859, however, when thousands of ment. Leaders at these councils or in other miners descended on the Comstock area of activities were not persons occupying clearly northwestern Nevada, south and east of Pyr­ specified positions but individuals whose ad­ amid Lake. Indian agent Major Frederick vice was respected and freely followed. Cer­ Dodge, fearing that this rapid influx would tain members of the band would lead in quickly deplete Indian resources, requested certain activities, such as organizing fishing the immediate establishment of two reserva- PYRAMID LAKE PAIUTE TRIBAL COUNCIL 189 tions for the Northern Paiutes. Areas sur­ Northern Paiutes (Fairfield 1916:106-108; rounding both Pyramid Lake and Walker Wheeler 1967:44). Lake were withdrawn from the public domain Third, Euroamericans often looked for a in that year. Although executive orders single "chief of all Northern Paiutes, and establishing the reservations were not issued sometimes believed that they had found one until 1874, the year 1859 was subsequently in Old Winnemucca. Sarah Winnemucca, accepted as the date of creation of these who often acted as an interpreter and also two reservations (Knack and Stewart 1984: eloquently sought to bring attention to the 89-93). plight of her people, described her father as While the courts consistently regarded the chief of all the Northern Paiutes. Evi­ native American societies as semi-sovereign dently a number of residents of the territory nations with governments of their own, the and later the state believed this (Reno Bureau of Indian Affairs, which in 1859 ac­ Weekly Gazette and Stockman October 8, quired jurisdiction over all of Pyramid Lake 1891:3; more generally, see Canfield 1983; and the portion of the Truckee River ex­ Fowler 1978). tending south from the lake to include what Fourth, the conflict period led various is now Wadsworth, did not formally ac­ Northern Paiute bands to cooperate more knowledge a government for the band. In widely than had been customary. This be­ the initial period of Euroamerican contact came evident during the Pyramid Lake War, with the I^amid Lake band, during the when various bands fought together. How­ 1860s and 1870s, evidently six generalizations ever, no single governing structure encom­ about previous patterns of governance among passing all Northern Paiutes developed. Had Northern Paiutes, and specifically the the Pyramid Lake War been followed by a Pyramid Lake band, are justified. formal treaty, perhaps such a structure First, apparently there was little imme­ might have come into being, but there was diate change from the standpoint of what no such treaty. gradually came to be called the Pyramid Fifth, as Indians lost important lands and Lake Paiute Tribe. Evidently at the multi- resources and experienced increasing violence band councils at Pyramid Lake during the from intruders, existing band patterns were so-called Pyramid Lake War, no single leader disrupted. The experience of Old Winne­ of the Pyramid Lake band emerged, although mucca and his band is instructive. They Young Winnemucca (Numaga) sometimes is moved around a great deal for several dec­ described as its leading figure. ades, and were reported at Steens Mountain, Second, the tendency of Euroamericans to Fort McDermitt, and elsewhere, including the seek agreement with "chiefs" led to con­ Malheur and Yakima reservations (Steward fusion, because Euroamericans tended to deal and Wheeler-Voegelin 1974). At the same with leaders with whom they could reach ac­ time he was perceived by both Indians and commodations, regardless of aboriginal band Euroamericans as occasionally speaking for territories. To illustrate, residents of the various bands (Stewart 1939:129-130). The Susanville area, now in California but then Pyramid Lake band was not displaced from believed to lie within Nevada, negotiated a its homeland, although it too suffered from "treaty" with Young Winnemucca to restrain reduction of off-reservation resources. conflict between Indians and the new set­ Various Indian agents tried to get all tlers of that area, even though their prob­ Northern Paiutes to move to the Pyramid lems were with the Smoke Creek band of Lake or Walker River reservations, but 190 JOURNAL OF CALIFORNL\ AND GREAT BASIN ANTHROPOLOGY without success. first appointed in 1883. Captain Dave Sixth, within the Pyramid Lake band, var­ Numana was in charge of this police force ious individuals were referred to as chiefs from 1883 untU his death in 1919. Whites from the 1860s to the 1880s. Numaga often assumed that he was the chief of the (Young Winnemucca) often is so identified. reservation. For example, in 1891 a news­ Other "chiefs" include Old Winnemucca's son paper account described Captain Dave as Natchez (although for several years he both "Chief of Police" and "Chief Justice of farmed at Lovelock), George Curry (see be­ the court before whom all petty offences low), and Captain Mow Wee Jim, the latter [sic] are tried." This article went on to of whom was identified in an 1880 newspaper assert that article as "the present chief (Reno Evening He is about 55 years of age and a man of very Gazette July 27, 1880:3). Probably this remarkable intelligence. He is at the head of means that aboriginal patterns continued; the Piute tribe, and has been for the past eight probably each of these men was a leader at years, having succeeded young Winnemucca who some time, for some purposes. died about ten years ago and George Curry who went to the happy hunting grounds about nine The Reservation System years ago [Reno Weekly Gazette and Stockman August 20,1891:1]. As the reservation system became more firmly established at Pyramid Lake, about A newspaper reporter visiting the Pyramid 1880, several things happened. First, agents Lake Reservation in 1899 reported that Cap­ began to designate certain members of what tain Dave Winnemucca [sic] was in charge of came increasingly to be called the Pyramid seven Indian policemen who were "govern­ Lake Tribe to help them control the reser­ ment employees." The reporter also des­ vation population. At a number of reserva­ cribed attending a session of the Indian tions, including Pyramid Lake, agents ap­ court at which Dave Gibson, Lee Winne­ pointed and paid certain Indians to be tribal mucca, and Billy Frazer "were sitting en judges and policemen. This practice began bank [sic], as it were, trying a man for as a device to strengthen the control of stealing another man's wife." Finally, this agents over reservation populations; later, same article reported a visit to the home of the Supreme Court, even in the absence of "Chief Natchez" (MiUer 1899). An article in congressional authorization for such actions, 1909 reported only that there were Indian accepted the resulting courts, called Courts policemen and that there was a jail on the of Indian Offenses, as legitimate governing reservation (Nevada State Journal April 21, structures, although of course limited in 1909:5). Probably these confusing reports function (Hagan 1966). mean that Captain Dave was regarded as a Tribal judges and policemen were chosen "chief by some but not all of the Pyramid by agents and were responsible to them; Lake Indians. Sarah Winnemucca was highly they were not selected by Indian governing critical of his behavior (Hopkins 1883). structures. Probably the agents sought for Second, as the period of group conflict these positions persons whose personal char­ passed, undoubtedly the explicit viewpoint of acteristics would encourage widespread ac­ most agents was that one aim of government ceptance of their authority, but they may policy was to destroy tribal cohesion (to not have been persons who would have been "break up the tribal mass," as Theodore chosen by the Indians themselves. In the Roosevelt put it in 1901) and deal with tri­ case of I^ramid Lake, tribal policemen were bal members on an individual basis. This PYRAMID LAKE PAIUTE TRIBAL COUNCIL 191 policy became more pronounced after pas­ that agents prevented meetings from being sage of the General Allotment Act in 1887. called by the Indians themselves, it is Dobyns succinctly stated the opinion that probably inaccurate. But if it means that federal officials should deal with individuals. government officials did not attend councils He wrote that, prior to the 1930s, "relations or pay attention to them unless they called between the dominant and subordinate soci­ them, it probably is correct. eties tended to move in straight lines from In spite of the desire of BIA employees BIA administrators to [individual] tribesmen, to deny recognition to Indian self-gover­ or vice versa . . ." (Dobyns 1968:270). This nance during this period, information about viewpoint was clearly expressed in 1930 by actual councils or other activities of the the Superintendent of the Carson Indian Indians indicates that they were not com­ Agency, which had jurisdiction over Pyramid pletely powerless. Moreover, government Lake. Superintendent Frederic Snyder wrote agents perceived the Pyramid Lake Paiute in his annual report that. Tribe as having a chief-Abraham Mauwee- during the 1920s and 1930s, and therefore he While the Indians recognize certain of their tribe as chiefs or leaders and they have meetings to was dealt with directly. Mauwee described discuss various tribal matters, these councils or himself as a chief during this period, but committees are not considered in dealing with evidently not all members of the tribe the Indians. It has been found that dealing with granted him this status. them individually is preferable to dealing with them in groups [Superintendent of Carson Agency Knack and Stewart reported one incident 1930, p. 3 of Section IV-Industries]. in which a council evidently exercised some power. In 1929 a council turned down a re­ On the other hand, there is no reason to quest from a resident of Reno to lease a believe that the Pyramid Lake Paiute Tribe portion of the lakeshore in order to build a ever was atomized to the point where group hotel (Knack and Stewart 1984:231). There structures disappeared. While government are other cases in which a council clearly policy no doubt confused things, government expressed an opinion not in conformity with agents often called councils to discuss cer­ that of the BIA. Superintendent Snyder tain issues. Knack and Stewart (1984:230) called a meeting on the reservation on Oc­ put it this way: "Traditionally, important tober 1, 1926, to discuss the Spanish Springs community decisions had been made in coun­ project, a water control proposal for the cil meetings at which aU adults had spoken Truckee River system. He reported that their opinions until a consensus had formed. most of the adult men of the tribe attended, The BIA continued to find it convenient to and that nearly all "opposed the sale of call such meetings whenever Anglo legal reservation lands" for the project (Hulse forms required titular tribal approval." MS: 111). Also, they said, such meetings were called An example of tribal action having effect "for administrative convenience." That is, because it was accepted by BIA officials was councils "served as conduits for information described by Marie Harrington in her bio­ about projects it [the BIA] was instigating graphy of Mark Raymond Harrington, the on the reserve . . ." They also went on to archeologist chiefly responsible for the exca­ say that "Meetings to discuss issues of in­ vation of Pueblo sites in southern Nevada terest to the Indians, such as fishing, or to during the 1920s. Harrington received per­ contest BIA decisions, were suppressed" mission in 1927 from government officials to (Knack and Stewart 1984:231). If this means excavate two caves on the Pyramid Lake 192 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

Reservation. After he had found a number was a slight majority in favor of consenting of artifacts, members of the Pyramid Lake to the taking of spawn (Hulse MS: 121). At a Paiute Tribe began to object to the excava­ similar meeting in 1930, Snyder was unsuc­ tion. At a council meeting on December 22, cessful in "obtaining the consent of the 1927, "the chief, Abraham, and the majority Indians for taking spawn from the reserva­ of the older Paiutes" were opposed to tion" (U.S. Senate Committee on Indian further excavations (Harrington 1985:195- Affairs 1934:11,592). In an earlier letter to 205). Superintendent Snyder was quoted as the BIA office, Snyder had stated that it saying that he was "convinced that a num­ was his understanding that BIA approval for ber of the older Indians conscientiously the taking of spawn was "subject to the believe their sacred burial grounds are being condition of working in harmony with the desecrated and that it is their duty to their Indians" (U.S. Senate Committee on Indian departed ancestors to oppose the disturbance Affairs 1934:11,591). Whether the tribe's of these grounds in any way," and the refusal of consent stopped the project for Secretary of the Interior revoked Harring­ that year is not known. ton's permit (Harrington 1985:204). TTie Pyramid Lake Paiutes also petitioned Members of the tribe used other means of the Nevada Legislature in 1923 and 1925, expressing their opinions as well. In 1925, a with some success. Although precisely how petition containing approximately 150 names the tribe made its decisions on these issues of Pyramid Lake Paiutes asserted that the is not known, the effort evidently involved tribe was in "unanimous opposition" to the significant numbers of its adult members. In Spanish Springs project (Hulse MS: 100-101). 1923, the Paiutes asked the Legislature for a During the late 1920s and early 1930s, law to provide free hunting and fishing li­ there was a yearly contest between the Ne­ censes to Indians; this was approved. They vada Department of Wildlife and the Pyramid also asked for liberalization of the law re­ Lake Paiutes. The dramatic reduction in stricting sales of fish to non-Indians, and Truckee River flows after the Derby Dam some liberalization of the statute was diverted about half the annual flow of the achieved. In 1925, the petition opposing the river in 1905 endangered the survival of the Spanish Springs project was sent to the Leg­ Lahontan cutthroat trout, which became ex­ islature, and further liberalization of the law tinct in the lake about 1940, and the cui-ui. on the sale of fish to non-Indians was The Nevada Department of Wildlife sought requested and approved (Hulse MS:82-83, to collect spawn at the lake in order to pre­ 100-101). serve the trout (Knack and Stewart 1984: In addition to working with councils of 311-315). Many members of the tribe ob­ the tribe, agents during the 1920s and early jected to this activity on several grounds. 1930s treated Abraham Mauwee as a "chief." One objection was that the fish raised in Mauwee, who was a tribal judge, often des­ hatcheries were not returned to the lake. cribed himself as a "chief." Some evidence The BIA often sought approval by councils of this is provided in the papers of John T. of the tribe for these activities of the Reid of Lovelock, a geologist-miner who had Department. One such meeting was called grown up with Northern Paiutes in Lovelock by Superintendent Snyder in April, 1926. and could speak to them in their language. After a recess and several votes, ultimately Reid often wrote letters for individual Indi­ 50 votes were cast on the issue, with the ans or for groups, at their request, and ad­ tribe almost evenly divided, although there vocated their interests to officials of the PYRAMID LAKE PAIUTE TRIBAL COUNCIL 193 federal government on a number of topics the article attached ..."). over a long period of time. On June 11, Superintendent Snyder sometimes refer­ 1928, "Chief Abraham Mawee" wrote Reid red to Mauwee as a "chief." Mauwee had and asked him to copy the letter on his sent a telegram to the Commissioner of Indi­ typewriter and send it on to Washington. an Affairs in March, 1926, in which he ob­ Reid rewrote the letter, adding a request for jected to the taking of spawn from reserva­ a "permanent" Indian agent and a new jail, tion fish (Hulse MS: 118). Before the meeting and sent it to Mauwee on June 18, 1928 later that year concerning the Spanish (Reid Papers: Mawee to Reid, June 11, 1928; Springs project, Snyder gave 100 copies of Abraham Maw-Wee to Commissioner of the bill proposing the project to Mauwee, Indian Affairs, June 18, 1928). whom he described as "Chief of the Indi­ In November, 1927, Reid had met with ans," so that they could be distributed on Mauwee, Avery Winnemucca, Robert Dodd the reservation before the meeting (Hulse (a tribal policeman who said that he had MS:111). Mauwee often spoke for members been appointed by Mauwee), and Frank of the tribe, although it is not always Northrop, all from Pyramid Lake, plus Bow- possible to tell in what claimed capacity. E-An (sometimes known as Skinny Dave) For example, he was one of three Indians from Lovelock. One of the outcomes of the who visited Superintendent James E. Jenkins meeting was a letter signed by Abraham of the Reno Agency of the BIA to protest Mah-Wee as "President" and Avery Winne­ the "excessive diversion of water from the mucca, which asserted that "the Indians of Truckee channel at Derby Dam" in July, Pyramid Lake Reservation, have called a 1925 (Hulse MS: 118), and in March, 1932, he mass meeting, before which was brought was one of three Pyramid Lake Paiutes who those questions of such vital interest to us wrote to the Washington office asking for all as such relates to our political and our dismissal of a U.S. Bureau of Fisheries personal rights." The letter included the official who had been involved with spawning assertions that the Indians did not know the operations at the lake (Hulse MS: 141-142). boundaries of the reservation, that non- Other evidence shows clearly, however, Indian trespassers were still on the reserva­ that only some Indians regarded Mauwee as tion, and that livestock owned by non- their leader. In a newspaper article in 1930, Indians was still being grazed on the reser­ Bow-E-An of Lovelock asserted that vation. A "Treaty of the Piute Indian Chief Abraham, head of the Pah Ute group which Tribe" was requested and the statement was inhabits Pyramid reservation, has sold his people made that no agreement made by any "indi­ for a httle money and is in league with white vidual Indian" was "respected by the tribe men. Only a few of the Pah Utes support Chief as a whole." In his notes describing the Abraham and it won't be long now until he will be discredited and deposed [Reid Papers: Love­ conference and letter, Reid wrote that lock Review-Miner January 10,1930:1]. Abraham Mah-Wee, who was perhaps 70 or 75 years of age, was "known as a chieftain Also in 1930, Dave Gibson wrote two let­ or a captain among the Indians there at ters to the Commissioner of Indian Affairs in [Pyramid Lake] and the leading light" (Reid which he said that he had been chosen to Papers: Reid to Mah-Wee, November 17, represent the Pyramid Lake Tribe. In the 1927; Maw-Wee and Winnemucca to Henry first of these, he claimed that "at a meeting Dixon at McDermitt, Nevada, November 18, of the Pyramid Lake Indians held at [Nixon] 1927; handwritten notes beginning: "As to I have been elected to represent the local 194 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

Indians on this Reservation, in matters per­ We think that it is wrong for Abraham Mah- taining to their general welfare and future Wee to be regeirded as our chief in fully betterment." He then stated that the Indi­ representing all of us, he represents a faction, but not all of the Indians, so that in doing ans needed more water for irrigation, an business there, not only should they see him but additional Indian policeman, and tools, im­ us also whose names is attached hereto. This plements, and seed for farming. He also makes us dissatisfied with the present agent said that the meeting had requested that, as because he always listens to him to the exclusion had been the case in previous years, the of us [Reid Papers: Jackson Natches et al. to Senator Oddie, March 8 (?), 1932]. federal government should recognize "some one person as a Captain or Chief of the The letter also stated that two of the Indians at Pyramid Lake Indian Reservation," writers were sons of "old Chief Natches, that such a person should receive a salary, whom you know to have always been so and that "at this meeting it was the unan­ favorably disposed to the Whites in the early imous wish of all present that the under­ days." signed so act, as such a personage . . . Further evidence of attempts to organize between the Government and the Indians a council became known in 1932, when a ..." (Reid Papers: Dave Gibson to U.S. Senate committee investigating the Commissioner of Indian Affairs, February 7, conditions of Indians visited Pyramid Lake 1930). The next day, Gibson wrote another and held a hearing. Superintendent Thomas letter to the Commissioner, signed as B. Snoddy stated, in response to a question "Chairman Pyramid Lake Indian Reserva­ from Senator Burton K. Wheeler, that there tion," in which he complained of stock was no "Indian council" on the reservation. trespasses on the reservation, asked for Billy Williams, a 32-year-old rancher at detailed "statements of receipts and expen­ Pyramid Lake, stated many grievances of the ditures" at Pyramid Lake and requested more tribe to the committee. These included the money for "those aged, and those in a help­ continued presence of squatters, the grazing less condition" (Reid Papers: Gibson to of sheep owned by non-Indians on the reser­ Commissioner, February 8, 1930). vation, and "violation of the cattlemen's The BIA's response to Gibson's claims is rights." His main assertion, however, was unknown, but a year later a handwritten let­ that Derby Dam was diverting water from ter containing the names of 41 Pyramid Lake the lake, threatening the "chief food Indians was sent to Reid, obviously with the supply" of the Indians (the fish), and that hope that he would type it and send it on to the state would not permit the commercial Washington. The letter asserted that the sale of fish caught in the lake outside the "Leaders of the Reservation" had signed it. state. He then said that Abraham Mauwee's name was not on this The main thing that we want now and what we list, nor was Gibson's (Reid Papers: Jackson are trying to form is a sort of council to Natches et al. to Reid, February 28, 1931). represent this reservation, and if we could get In 1932, a letter from three Pyramid Lake the approval of the Indian Office or the Paiutes objected specifically to acknowledge­ Commissioner or the subcommittee from Washing­ ment of Mauwee as a chief. Jackson ton for that, we would be glad to have a committee chosen as a business committee and to Natches, Gilbert Natches, and Tom Henry work as a council. wrote Nevada Senator Tasker Oddie concern­ ing the collection of spawn, but went on to Senator Lynn Frazier thought that getting say: consent of the office should not be difficult PYRAMID LAKE PAIUTE TRIBAL COUNCIL 195 and that the Indians should get the "rules of the Indians with him, although it failed to and regulations of the Department with re­ restore the aged man's waning power to its spect to the organization of a council" and former level. proceed with their plans. Fred H. Daiker of Because this step had been taken three the office was present. While he did not years earlier, he wrote, when a meeting was correct Senator Frazier's mistaken notion called in early 1934 to discuss the formation that there were rules and regulations dealing of a council with tribal councils, he stated that "the office approves of the Indians having a the aged Chief appeared entirely on his own council for the purpose of having meetings volition, made a very moving speech, urged the election of a council, abdicated his powers and and making recommendations with respect to passed his baton to this council. The young things that are for their own benefit" (U.S. Indian [sic], of course, strongly favored a Senate Committee on Indian Affairs 1934: council, and so both young and old once more 15,084). Williams became the first chairman came together in favoring this new order. of the tribal council formed under the Indian To summarize this section, after at least Reorganization Act. the 1880s, the leadership situation at the The farm agent at Pyramid Lake in 1934, Pyramid Lake Reservation became even B. E. Brigance, believed that the reason no more confused. Councils continued to be council was organized in 1932 or 1933 in held, but the introduction of government spite of the interest in doing so was the agents with authority over the reservation opposition of Chief Mauwee, whom he saw as undoubtedly reduced their importance. a "hereditary Chief." Shortly after passage Probably the Indians themselves sometimes of the Indian Reorganization Act, the office called councils, but they had impact only if sent a questionnaire to aU Indian agencies they were called or attended by government inquiring about the status of tribal govern­ officials and if the officials acted on the ments as of that time. Brigance made out basis of decisions made by them. Undoubt­ the questionnaire for Pyramid Lake (Pyramid edly most of the decision-making authority Lake Tribal Council Records: handwritten of the tribe had in fact been transferred to copy of questionnaire). He reported that the representatives of the Bureau of Indian Chief Mauwee was then 84 years of age and Affairs. "unfortunately out of step with the younger Probably aboriginal patterns of individual Indians." He wrote that Mauwee "claimed leadership also continued, but in a weakened nominal control. This control was fairly form. Again, the importance of native strong over the older Indians, but it was leaders no doubt depended mainly on their very heartily disputed by the younger Indi­ reception by the government officials. A ans, who in fact broke away and refused to complicating factor was that agents ap­ follow the Chief in any way." Brigance also pointed tribal policemen and judges to help wrote that them carry out their program on the reser­ In 1931 the present Farm Agent in Charge vation. It is clear that in the case of at attempted to reconcile these differences. least two individuals-Captain Dave Numana Knowing that the Chief was too old to carry on and Abraham Mauwee-occupancy of these much longer, and believing in the value of some new positions coincided with claims that kind of Indian organization, he persuaded the Indians, with the consent of the Chief, to elect they were "chiefs" of the tribe as a whole. three advisers to aid the Chief. This enabled Given the earlier pattern in which no overall the Chief to carry on and to keep the majority dominant political leader was recognized and 196 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY the fact that the formal positions they oc­ Truckee River diverted approximately half cupied were bestowed by BIA employees, not the average annual flow of the Truckee to the tribe, it is highly probable that only the Truckee-Carson Irrigation District. As a some portions of the tribe as a whole ever result, the lake level dropped dramatically; thought of either of these two men as by 1967 it was 80 feet lower than it had "chiefs" in the sense of persons with com­ been before the building of Derby Dam. prehensive authority. Nevertheless, the Several years after the dam had begun to evidence is that BIA employees (and prob­ divert water, the federal government brought ably many other non-Indians) perceived these suit in the U.S. District Court for Nevada to individuals as at least to some extent establish a legal right to such diversion. In authority figures. In other words, there is the course of this suit, the government much reason to believe that Indian and BIA sought also to establish the legal rights to perceptions of leadership differed in signi­ water from the Truckee for all users within ficant ways. Nevada, including the matter of the contin­ Probably the most important factor, how­ ued flow of water to Pyramid Lake. But the ever, was the failure of the BIA to ac­ government asked for only enough water for knowledge formally the authority of any Pyramid Lake to irrigate Indian fields on the tribal governing structures, whatever they reservation, and the eventual outcome of the were. There is a substantial difference case-the Orr Ditch Decree of 1944-assigned between perceiving someone as a chief and water to Pyramid Lake only for this purpose having to deal with that person as the (Knack and Stewart 1984). There is no evi­ authoritative spokesperson for the tribe. dence that the government allowed the Pyr­ Because no statutory law required them to amid Lake Tribe to establish its own claim acknowledge that the tribe was a society to water for the lake, or even consulted it with its own government and because of the during the crucial years when legal claims view that the BIA dealt, ideally, with indi­ for the lake were first being asserted. vidual Indians, even the de facto recognition In the 1970s the United States govern­ of "chiefs" and of councils must have had ment, acting finally on behalf of the Pyramid little effect on government policy. Un­ Lake Paiute Tribe, asked for a reopening of doubtedly Knack and Stewart (1984) were the Orr Ditch case. The purpose was to as­ correct that the agents regarded councils as sert a water right for Pyramid Lake suffici­ tools they could use to attain their ends, ent to preserve the lake itself. The United and "chiefs" must have been regarded in the States Supreme Court refused to reopen the same light. Nothing compelled the govern­ case without examining the evidence regard­ ment officials to behave in conformity with ing lack of tribal participation in the initial the wishes of the Indians as expressed by case. Nevertheless, research was undertaken either or both structures. There is evidence as part of the case to discover what efforts that sometimes the tribe in fact exercised had been made to secure tribal participation some power, but much less than its court- in the filing of the original claim. This recognized status as a semi-sovereign society research uncovered no evidence that the should have made possible. tribe was allowed to make its own authorita­ The most striking indication of this state tive statement on this crucial question. of affairs involves the crucial question of an Instead, government officials acting on their adequate supply of water for the lake. As behalf made the decision not to ask for noted above, after 1905 a dam across the water to preserve the lake (Hulse MS; PYRAMID LAKE PAIUTE TRIBAL COUNCIL 197

Stewart 1975). Evidence indicates clearly around the country. (Details in this para­ that various Pyramid Lake Indians at various graph are based on research in the National times protested the impending destruction of Archives building. The best studies of the the Lahontan cutthroat trout fishery by the IRA to date are Deloria and Lytle [1983] and diversion of water from the Truckee River, Taylor [1980].) This letter outlined the but the government did not change its posi­ general approach already taken by the draft tion until the 1970s. bill (although the fact that it was essentially drafted was not discussed in the letter) and THE INDIAN NEW DEAL AND asked for comments on these ideas. The ESTABLISHMENT OF TRIBAL result was a series of memoranda or other COUNCILS statements to the Washington office of the A reversal of government Indian policy BIA from the field, many from Indians. occurred in the Indian New Deal. A key In Nevada, however, the letter was mis­ element in the new policy was the recogni­ interpreted, and led to the swift organization tion in statutory law of the status of Indian of four tribal councils. Superintendent Hoist societies as self-governing entities. A prime quickly scheduled meetings on four reserva­ element in this change was the Indian Reor­ tions, and at these meetings urged the Indi­ ganization Act (IRA) of 1934 (often called ans to elect tribal councils. In a memoran­ the Wheeler-Howard Act). Section 16 of this dum to the Commissioner of Indian Affairs act authorized tribes or reservations to es­ dated February 14, 1934, Hoist wrote that tablish tribal constitutions that, when ap­ In accordance with the instructions [sic] of the proved by the Secretary of the Interior, Indian Office Circular on Indian self-government would serve as the basic governing docu­ . . . four conferences were held in this jurisdic­ ments of the tribe or reservation. The pres­ tion. ... At each place, the principles of self- ent Pyramid Lake Paiute Tribal government government and the necessary organization were explained and discussed. Fort McDermitt only, is the product of the process set in motion had any council or form of organization, but by the IRA. First, however, a formal tribal following the conferences at each place, the council was organized even before the act Indian groups continued in session or in ad­ became law. journed session until they had selected a council, By early 1934, the BIA official responsible and in every instance they seem to have made a good start [National Archives, Records of the for Pyramid Lake was Carson Indian School Bureau of Indian Affairs, Record Group 75, Supervisor-in-Charge John H. Hoist, a tem­ Organization Division, File 9532-36-066-Carson: porary replacement for Fredric Snyder. In Hoist to Commissioner, February 14, 1934; late January, 1934, the Washington office subsequent references to materials at this location are identified only as Organization was finishing the drafting of legislation that Division]. would be introduced as the Wheeler-Howard bill. Although the office had made efforts Hoist also stated that over three-fourths to contact anthropologists and "friends of of the "adult Indians" were present at each the Indians" before drafting the bill, up to reservation, that the circular "had had some that time it had not sought the advice of attention by leading Indians at each place Indians. Partly at the urging of Felix prior to the conference," that there was Cohen, who was the major author of the good participation by the Indians in discus­ bill, a long circular letter was prepared and sions, and that "on the whole they evi­ sent on January 20, 1934, to superintendents denced a fairly clear understanding of the and Indians (through superintendents) subjects." 198 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

At Pyramid Lake two meetings were held. among all . . . Land Matters: After council At the first, Superintendent Hoist explained organizes decide wishes about land holdings as a the new orientation as he understood (or whole. At death of an Indian land returned to tribe. No land Ue idle. Each Indian might be misunderstood) it; at the second meeting the given land for garden, balance worked by tribe- next week, a tribal council was elected. altogether. Products sold, money divided. All Typed minutes of the first meeting, with work, all share m products. "Notes-Self-Government, meeting held by Supt. Hoist" and "Pyramid Lake. Feb. 8, Hoist then indicated that he wanted 1934" written across the top, do not identify answers to two questions from them "at an who took them, although it may have been early date." First, Brigance (Pyramid Lake Tribal Council Do you want self government? Do you want to Records). However, they report that 116 govern yourselves and your affairs? If so, it "adult Indians" heard Hoist, Brigance, and means you want your Council to work with the R. C. Bosczkiewicz, Acting Superintendent of judges and the chief [sic]. You will also prepare the Carson Indian School, explain what they regulations saying what people may or may not thought the new order meant. Although as do. You will be given a charter. far as he knew the bill that would become Not necessary to do all of this at once. Take the IRA had not yet been introduced. Hoist up control as fast as you desire. But if you govern you assume responsibilities too, as do the evidently explained it as though it had been white communities. enacted. Tlie minutes indicate (in abbrevi­ ated form) the following statements by him The second question, he told them, was about self-government: about the economic arrangements they Organize Council. Judges and poUce work under favored. council. Elect best men and send names to Supt. do you want land, cattle, property altogether. Council may make regulations for control of Each one share alike in profits? if so, give up reservation, try cases not usually tried by all land you now have, Council divide it up, so Federal court. Council find needs of Indians. that each gets the same amount. Have tribal Represent Indians in Matters of common interest. herds. Add more to present holdings. Plan for riders, feed. When sales are made divide money. Council not expected at this time to take over All done on the cooperative plan. all the business of the reservation. During the discussion period, according to While these statements are congruent the minutes. Chief Abraham Mauwee in­ with plans of the administration and with quired about how to get more water for the IRA as it emerged from Congress, Hoist irrigation on the reservation. Hastings also understood the new policy to include Pancho and Francis Davis apparently ob­ communal economic patterns in an extreme jected to the communal property arrange­ sense, which was not the case. (There was ments proposed, and Pancho asked: "Will the a proposal in the original bill to force the Indians be allowed to have council even tho return of allotted lands to the tribe, but this [sic] they do not want to hold property proposal did not become law; in other re­ altogether," to which Hoist replied: "They spects. Hoist simply misunderstood what he may do so, and later decide on what steps had been told about the bill.) The minutes of self-government they desire." indicate that he told the Indians: There was a recess of 15 minutes iden­ Indians hold land altogether, work altogether. tified in the minutes as "Indians discussing Cattle, crops belong to all. Profits divided problems presented by Supt. Hoist," after PYRAMID LAKE PAIUTE TRIBAL COUNCIL 199 which Brigance urged them to elect a council They feel this will never be satisfactory. They and "Indians agree[d] to meet Thursady [sic] prefer to work as now - each man for himself. evening at 7 - o'clock to elect councilmen." However, they do desire that all land not now in On February 9, Brigance wrote Hoist that use be cut up and divided among those Indians the Indians had met the previous evening, who at present have no land, as soon as water February 8, and elected a tribal council can be obtained for this land. (Pyramid Lake Tribal Council Records: In his report of the February 8 meeting, Brigance to Hoist, February 9, 1934). He in reply to the IRA questionnaire, Brigance reported that "the majority of the adult In­ stated that the council had been elected by dians were present" and that "all took an secret ballot at an election open to all active part. There were a number of enrolled tribal members 21 or older. Pre­ speeches made by the chief and other lead­ sumably the first meeting of the council ing Indians." (However, he did not report elected the officers. These were Dewey that Chief Mauwee had "abdicated.") Sampson, Chairman; Teddy James, Secretary- Brigance wrote that Teddy James and Dewey Treasurer; and Willie O'Daye, Sergeant-at- Sampson had "explained the circular letter Arms. Thus, the young men who were added on self-government and also read notes on to the council only because two persons your talk last week." originally elected had declined to serve were The decision was made to elect a twelve- chosen to the most important posts on the person council, and this was done, although council. no specific votes were reported. Because A constitution for the tribal council of two of the elected council members "refused the Pyramid Lake Indian Reservation was not to serve," the two young men who had ex­ adopted until August 2 (Organization Divi­ plained the letter to the meeting, James and sion, File 9697A-1936-Carson-068-Pyramid Sampson, were elected to the council. Lake, "Constitution for the Tribal Council of Brigance wrote that "it was decided that the Pyramid Lake Indian Reservation, August these young men, because of their better 2, 1934"). According to the questionnaire education, could act as secretary and to on tribal organization written by Brigance, a explain some of the principles of how people draft of the constitution (whose author was rule." Brigance listed the resulting council- not named) had been discussed at several men as Harrison Frazier, William Garvey, tribal council meetings but no action was Teddy James, Mark Jones, Sam Kay, Joe taken until the post-IRA questionnaire ar­ Morgan, Gilbert Natches, Willie O'Daye, rived, requesting a copy of any constitution Dewey Sampson, Jack Warwick, Pete which might exist. "Then the council met Winnemucca, and Johnie (sic) Wright. in special session and at once drew and Brigance also reported on the answers to signed both constitution and by-laws." Hoist's two questions at the previous meet­ This first constitution was brief; its ing. He stated that the Indians did want preamble was obviously modeled on that of "self-government" on a gradual basis. the United States Constitution. Beyond that "They would . . . like to take over more the document merely laid out a sketchy responsibility as they prove themselves to be structure for a government. It indicated able to do so from time to time." However, that it was adopted by the tribal council on he reported. August 2, "by authority of the Tribal The Indians do not want their property held Meeting of February 9, [sic] 1934," and it altogether, nor do they wish to work together. stated that it could be amended by a two- 200 JOURNAL OF CALIFORNL\ AND GREAT BASIN ANTHROPOLOGY thirds vote at any regular tribal council welfare of the Indians on the Pyramid Lake meeting, provided that written notice of the Indian Reservation." proposed vote had been given at a previous Council meetings were to be held semi­ regular council meeting and that the issue monthly (the by-laws adopted at the same was "appended to the call" for the meeting time said precisely when), a quorum was set voting on the amendment. In other words, at two-thirds of the council members, and it was not adopted by the tribe as a whole the council was given authority to impeach nor was it contemplated that it would be and remove its own members. amended by popular vote. The copy of the constitution sent to the The constitution provided for two semi­ BIA did not contain a signature for the annual meetings of "enrolled members of chairman. In a letter transmitting the IRA this Reservation." A February meeting was questionnaire and the constitution to R. C. to elect members of the council, while a July Boczkiewicz of the Carson Indian School, meeting was to meet with the superintendent Brigance reported "you will observe that and disbursing agent "at the close of the the name of the Chairman, Dewey Sampson, fiscal year to discuss reservation problems, is not signed to the Constitution. He has and for the hearing of annual reports." The not met with that body since last April. His February meeting was to elect a twelve- duties have been assumed since that time by member council, each member to serve for Teddy James, the Secretary-Treasurer" (Pyr­ three years. (Initially, by lot, one-third amid Lake Paiute Tribal Council Records: were to be selected for three-year terms, Brigance to Boczkiewicz, August 3, 1934). It one-third for two-year terms, and one-third is not known why Sampson did not attend for one-year terms.) All enrolled members these early meetings. He was elected to the of the reservation 21 or over "and of at first tribal council under the IRA constitu­ least one-fourth Indian blood" were entitled tion and served regularly as its secretary to vote at tribal meetings, whether or not during the first few years of its existence. they were "residing within the present Apparently only one set of minutes for boundaries of the reservation," and candi­ this first council exists (Pyramid Lake Tribal dates for the council were to have the same Council Records: "Minutes of the Pyramid qualifications except that they had to be Lake Indian Council Meeting" of October 20, residents of the reservation. 1934). The minutes of this meeting indicate The first regular meeting of the tribal that James called the meeting to order be­ council was to elect a chairman, secretary- cause Sampson was not present. Six other treasurer, and sergeant-at-arms, each of council members were present, plus "about whom was to serve for a term of one year. thirty other Indian men." The main topic of The three officers were to constitute an the meeting was the question of renewing executive committee, "authorized to act leases for grazing land "on the west and provisionally upon emergency matters that north ends of the reservation." After dis­ arise at such times when the Council cannot cussion, it was decided to renew the leases be assembled." While their duties were for another year "like those that were made spelled out in routine fashion for Euroameri­ this year." An indication that consensual can private groups, no specific authority was decision-making processes were being used is delegated to the council; Article II merely Secretary James' note that "all the Indians said that "the object of this Council shall who were present voted along with the be to promote and to protect the general council." The meeting also took up the PYRAMID LAKE PAIUTE TRIBAL COUNCIL 201 control of firearms on the reservation, be­ averaged only seven and one-half acres in cause a boy had been recently "seriously size and that "we have ample land all injured" in an accidental shooting. The around us which we could put into cultiva­ council decided to forbid the use of firearms tion if we had the water, but we have now for persons under 16 and also to forbid the barely enough to supply our IVi acre farms in firing of a rifle within one mile of "the normal times, with hardly half enough for residential district." In both of these them this year." Thus, the council was matters, the council was dealing with a obviously concerned with important issues significant issue. which faced the Pyramid Lake Paiutes during Another indication that the council dealt this period. with issues of consequence is a letter from Brigance's questionnaire describing the "The Pyramid Lake Indian Council" to Com­ council, however, reported that it had not missioner of Indian Affairs John Collier exercised authority. In response to a ques­ dated July 26, 1934 (Pyramid Lake Tribal tion about the authority of the tribal coun­ Council Records). The letter dealt with two cil, Brigance wrote that matters involving water for irrigation on the This matter is yet in the formative stage. The reservation. First, it was reported that the one very small lease of grazing land on this amount of water allowed to flow in the reservation was made two months before the Truckee River beyond Derby Dam (the diver­ present council was organized, there are no sion dam for the Truckee-Carson Irrigation enrollment matters in the sense that this ques­ tion seems to infer, and there never has been a District) was only a little more than a third delegation from this reservation to Washington of the amount legally allocated to Pyramid according to the oldest Indians living here, [nor] Lake. The council stated that Mr. Brigance does the tribe have any attorneys. The chief and Acting Superintendent Boczkiewicz were business of the council so far has been advisory presenting their complaint about this matter and educational. to the water master for the Truckee. "But Moreover, Brigance held an unfavorable this matter has been tied up in courts for opinion of the competence of the council. some fifteen years, as we recall it, and we TTie reply to a question about criticisms of think that the hands of our officials here the council was that there had been no ought to be strengthened by your direct help "constructive criticism whatever," but only from Washington," the letter stated. The "destructive criticism" from people who other issue raised by the letter was the wanted to be elected to the council them­ claim that "the ten Italian squatters" on the selves or wanted to "use the council as an reservation had further restricted water instrument to settle their personal grudges flows to Indian lands downstream from them and grievances." Further, in response to a by putting ten dams across the Truckee. question about weaknesses of the council, The council stated that it was impossible for Brigance wrote that some members were not Mr. Brigance or the ditch rider to properly very regular in attendance, that others were check all of these dams; therefore, they interested in "exclusively debating" and that asked that someone be sent to find a way to "until the council can be educated to the control the situation or, better yet, to find capacity for positive action, there will be a way of "rebuying this land from them and drawbacks to it assuming greater powers." in that way protecting us permanently from inavoidable water loss." The letter ended by noting that Indian farms on the reservation 202 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

Residence is commonly interpreted to mean not THE FIRST COUNCIL REPLACED simply physical presence but the maintenance of BY AN IRA COUNCIL a home. Thus, students, Indians working away from the reservation, and others who are tem­ After the IRA passed Congress, this first porarily absent, but who intend at a future time tribal council was replaced by one elected to return to a home on the reservation, will be under a new constitution, drawn up under entitled to vote by absentee ballot [Organization Section 16 of the IRA. The first step in Division, File %97-1936-Carson-066: Commis­ this process (necessitated by a section added sioner to Superintendent Bowler, January 11, 1935]. to the bill in Congress) was a vote to see whether the reservation accepted the IRA. Immediately after the election, on De­ (The amendment required an election on cember 15, Superintendent Bowler wired the each reservation in the country, a process results to Washington (Organization Division, that occupied much of the time of the File 9697-1936-Carson-066: Bowler to Com­ organization staff of the BIA during the missioner, December 14, 1934). There were first year after passage of the act.) determined to be 277 eligible voters; of There is incomplete information about the these, there had been 151 yes votes and 54 process for conducting this election at no votes actually cast. This total included Pyramid Lake. A question arose over the four yes votes cast by absentee ballot; two eligibility of voters in the election. On yes votes cast by absentee ballot arrived too December 3, 1934, the new superintendent, late to be counted. A letter from Superin­ Alida C. Bowler, sent an airmail letter to the tendent Bowler noted that both men and Commissioner of Indian Affairs explaining women had voted on the issue; 106 men and the situation and asking for guidance 95 women cast ballots. (This obviously (Organization Division, File 9697-1936- indicated only those voting in person.) She Carson-066). She said that noted that As there was no original roll of the Pyramid The Council and other interested Indians made Lake Reservation the matter of legal voters was quite a festive occasion of election day. A left to the general assembly of Pyramid Lake In­ group of women worked hard cooking meat, chili dians and the recognized tribal council. They beans, biscuits, cake and coffee which was were tmdecided about the Indians who had been served cafeteria style to all who came. The away from the reservation for some time and de­ reservation band played while the people sat sired the opinion of your office as to whether around and ate. It was a fine sunny day and they should be permitted to vote. everybody seemed to be in excellent spirits and to enjoy getting together [Organization Division, File 9697-1936-Carson-066: Bowler to Commis­ She then listed the names of five individ­ sioner, December 18,1934]. uals, all of whom were said to have Uved elsewhere or were not "on reservation" for She also indicated, however, that she was several years. The office did not reply to somewhat disappointed that the vote in favor this letter until January 11, 1935, after the of the IRA had not been higher. She wrote election, but at least some nonresidents were that permitted to vote. The office, in its reply, quoted from a solicitor's opinion of Decem­ Although this is almost a three to one vote in ber 13, 1934, stating that "physical presence favor of the Act, I think all of us, including the is not a proper criterion of voting rights," Indian Council, were a little bit disappomted that there were so many noes. According to and that reports there was a tremendous amount of antagonism but the Council had fek that most of PYRAMID LAKE PAIUTE TRIBAL COUNCIL 203 the people had been won over by the educational which were voted on in December, 1935. work that had been done. LaVatta was a Northern Shoshone Indian from the Fort Hall Reservation in Idaho, and There also is little detail on the actual he visited many Nevada reservations during drafting of the constitution. But both mem­ the constitution-writing period in the 1930s. bers of the newly-created Organization Divi­ In a long letter to the Organization Division sion in Washington and local Indians were written on December 24, 1935, LaVatta involved throughout 1935. A memorandum reported that he had arrived in the Carson from Kenneth Marmon of the Organization jurisdiction on December 2. During the next Division to Superintendent Bowler November two weeks, he had visited the Walker River, 20, 1935 reported the names of members of Fallon, Reno-Sparks, Fort McDermitt, "Constitutional Committees" for five Nevada Dresslerville, and Yerington reservations and reservations, including Pyramid Lake, with a also had met with the "scattered Indians" note that "$2.00 is being allowed each one (who eventually would organize as the Te- for every day they served . . ." (Organiza­ Moak Bands of Western Shoshone Indians) tion Division, File 9697A-1936-Carson-066). and with the Stewart Indian School students, However, he did not note how many days in addition to visiting Pyramid Lake. On each person had served. The names for December 5, he had been at Pyramid Lake Pyramid Lake were Dewy (sic) Sampson, Sam with Assistant Superintendent Boczkiewicz Kay, Willie O'Daye, Mark Jones, Harrison and Superintendent Bowler, who had just Frazier, Jack Warick (sic), and John Wright. returned from a business trip to California. All were members of the tribal council He reported the details of "an afternoon and elected at the February 8 meeting. evening meeting . . . with the Indians" at On August 14, 1935, Marmon and John H. Pyramid Lake: Hoist (who was working for the Organization Miss Bowler opened the meeting with some very Division at this time) wrote the Commis­ fine remarks explaining to the Indians the two sioner of Indian Affairs that they had just projects which she was trying to secure for them spent eight days in the "Carson Jurisdic­ under the Resettlement program as well as just tion," and "with the assistance of the what was accomplished for them due to her superintendent and other employees, have recent visit to Washington. After Miss Bowler's opening remarks, we carefully explained the three constitutions in the second draft and proposed constitution Emd by-laws which the another in the first draft" (Organization Pyramid Lake Indians were to vote on December Division, File 9532C-1936-Carson-057). One 14th. The constitution was carefully read and of these was the Pyramid Lake constitution. explained after which many fme questions were They reported that "we have averaged 14 or asked and answered. Before the meeting closed, it was the opinion and suggestion of those more hours of regular work a day including present that another meeting should be held Sunday for the past eight days" and that which would provide further opportunity for they planned to work for the Sacramento additional questions and a clearer understanding Agency for a few days "before returning of the constitution and by-laws [Organization here to finish up the four constitutions." Division, File 9532C-1936-Carson-05':n- Another member of the Organization Di­ The second Pyramid Lake meeting was vision staff, George P. LaVatta, was brought held December 13, the night before the vote. into Nevada to make last-minute efforts to LaVatta wrote that "there was a very large secure approval of the Pyramid Lake, Reno- attendance at this meeting." Again, the Re­ Sparks, and Washoe constitutions, all of settlement projects being planned for them 204 JOURNAL OF CALIFORNL\ AND GREAT BASIN ANTHROPOLOGY were a central part of the presentation. could vary a good deal and arise out of local LaVatta reported that conditions. For example, the constitutions had to contain definitions of membership in Before the meeting was over, Mr. Raymond, who tmtil recently has been with the Resettlement the reservation or tribe to which they ap­ organization, was present and carefully explained plied, but the definitions of membership the two projects which Superintendent Bowler varied a great deal from one document to and himself had drawn up for the Pyramid Lake another. Indians. He wanted the Indians' approval of these projects so as to be able to submit the So far, a copy of the draft constitution projects to the Resettlement officials at Berke­ sent to Washington from Pyramid Lake has ley, California, on December 16th [Organization not been discovered. There is in the Division, File 9532C-1936-Carson-051^. National Archives a copy of minutes of a "Conference held October 8 on constitu­ The degree to which the resulting consti­ tions" which reports two pages of proposed tution represented the wishes of the Indians changes in the draft document, but in many rather than the ideas of BIA employees is cases it is impossible to tell the significance difficult to say. In general, the process was of the proposed changes in the absence of supposed to be that the Indians put forward the draft constitution (Organization Division, their ideas, assisted but not controlled by File 9697A-1936-Carson-068). The confer­ BIA staff. The resulting draft document was ence was attended by top BIA officials then sent to Washington, where it was concerned with constitution-writing-Felix checked for legal sufficiency by attorneys Cohen, Kenneth Meiklejohn, Charlotte and others. If the changes suggested by Westwood, Joe Jennings (head of the Washington were accepted locally (by Indians Organization Division), John Hoist, Fred involved in the drafting), the resulting Daiker, and Walter Woehlke-and also by document was presented to the voters of the Superintendent Bowler. It was unusual for tribe or reservation. If they approved, the superintendents to be involved personally in Secretary of the Interior would approve it Washington deliberations on constitutions; and it would go into effect. whether Ms. Bowler happened to be in Wash­ No information is available about the ington at a time appropriate for this confer­ early stages of this process at Pyramid Lake ence or came for that purpose is unknown. except the information provided above; Since she attended other meetings on this members of the Organization Division staff constitution (see below) possibly she was worked with persons on a local constitution there specifically for this purpose. committee which consisted of members of The minutes of this meeting state that a the newly-elected tribal council. number of changes "were agreed to." These In general, again, it is clear that there included several instances in which it was was no single "model" constitution drawn up decided to substitute the "standard clause" in Washington and taken around the country for the language of the draft document; in to serve as the basis for the discussions, many of these cases, this was a matter of although there was an outline of topics attaining legal uniformity but may have had which might be in such a document. The dif­ no impact on the content of the document. ference between these two approaches is One of these changes added a statement on substantial; instead of suggesting language, reserved powers that reads: the outline suggested topics to be consider­ Any rights and powers heretofore vested in the ed, which could be dealt with in ways which Pyramid Lake Paiute Tribe but not expressly PYRAMID LAKE PAIUTE TRIBAL COUNCIL 205 referred to in this constitution, shall not be the Pyramid Lake Paiute Tribe; to assist members abridged by this article, but may be exercised by of the tribe in presenting their claims and the people of the Pyramid Lake Paiute Tribe grievances at any court or agency of the through the adoption of appropriate by-laws and Government; and to employ representatives or constitutional amendments. counsel for such services, the choice of counsel and fixing of fees for counsel and representa­ Another change of this character substi­ tives to be subject to the approval of the tuted standard procedure dealing with Secretary of the Interior. amending the constitution for the original In addition, the By-Laws contain a procedure. separate Article (X) which states that Part of Article VI was amended to be "similar to Cheyenne River" but the import The tribal council shall make a thorough survey, research, investigation, and study of the history of this change cannot be determined. In one and title of all lands which were tribal in case the words "subject to review by the character in times past, and shall endeavor to Secretary of the Interior" were added to the reestablish the tribal equity, if any, in such section authorizing the tribal council to levy lands so as to obtain through proper chaimels just compensation for such lands as it shall fmd "taxes and license fees . . . upon non- to have been unlawfully removed from the juris­ members doing business with the reserva­ diction of the tribe without just compensation. tion." Another change required that the treasurer be bonded in a manner satisfactory The long struggle of the tribe to recover to the Commissioner of Indian Affairs as lands taken by white squatters in the nine­ well as the tribal council (a matter con­ teenth century has been thoroughly docu­ tained in the by-laws). Another by-laws mented by now. Progress on this issue, as provision authorizing tribal police to have well as other grievances with which the "full jurisdiction upon the reservation" was tribe had been concerned, undoubtedly were amended by adding the following words: "in high on the list of things the Pyramid Lake all cases not falling within the exclusive Paiutes expected from their new government jurisdiction of Federal or State courts." (Dixon 1980; Haller 1981; Knack and Stewart Some of these changes seem to enlarge the 1984). authority of the tribe (e.g., adding the TTie election on the constitution was reserved powers section) while some restrict called by the secretary for December 14. In it (e.g., stating that the jurisdiction of tribal the letter requesting secretarial approval to police is limited, although this merely call the election. Assistant Commissioner reflected the status of existing law). William Zimmerman, Jr., recited a history of In spite of the absence of precise infor­ conflicts between the chief and younger mation on the process of constitution- members of the tribe, the appointment of writing, there is internal evidence that some advisers in 1931 and the election of a tribal local input was significant. There are two council on February 9, 1934, information that provisions of the Pyramid Lake constitution obviously came from Brigance's answers to that are unusual, indeed unique among Great the questionnaire in the summer of 1934 Basin constitutions. One of these is the (Organization Division, File 9697A-1936- second area of authority granted to the Carson-068: Commissioner to Secretary of tribal council. Article VI, Section 1, the Interior, November 6, 1935). Zimmerman paragraph b says that the council has the stated that the constitution had been authority to "completed and submitted" September 4 and present and prosecute any claims or demands of that, subsequent to this, it had been 206 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

"reviewed during several conferences held in the new constitution. The proposals were to the Indian Office, in which the superinten­ build a cooperative cold storage facility for dent of this jurisdiction participated in fish at Nixon and to establish an "auto discussion. Minor changes were made and it camp" at Sutcliffe to provide low-cost tem­ is believed that it is now in form and porary accommodations for visitors to the substance acceptable to the Indians and that lake (San Bruno Regional Archive, Records it will receive their sanction when submitted of the Bureau of Indian Affairs, Record to vote." Group 75, Carson Agency, Land Records, The constitution was approved by the 1938-1950, Folder "Rural Resettlement voters on December 14, by a vote of 69 to Projects"). Neither was funded, although 34 (Organization Division, File 9697A-1936- the reasons for this are unknown; disap­ Carson-068: Bowler to Commissioner, pointment at the failure of these projects December 16, 1935). However, this election may weU have undermined confidence in the clearly registered a drop-off in votes from new order, but other factors may account the election of one year previously which for the change. had approved the IRA. The total vote at SUMMARY AND CONCLUSIONS this election, 103, was less than the yes vote the previous year, and overall voting partici­ Several conclusions can be drawn about pation was reduced to about one-half of governance of the Pyramid Lake Indians be­ what it had been. fore the 1930s and the formation of the Even fewer votes were cast in the elec­ Pyramid Lake Paiute Tribal Council, the an­ tion for members of the first tribal council cestor of the present council, despite the under the new constitution; a total of 76 absence of information on some parts of the ballots were cast, but one was "spoiled" and process. not counted. There were 15 candidates for First, while the aboriginal situation and ten council positions; two either received no the state of affairs before 1934 cannot be votes or withdrew before the election, 10 determined precisely, it seems clear that received votes ranging from 67 to 51 each aboriginal leadership practices, featuring and were elected, and three received smaller decision-making on a consensual basis, with numbers of votes and were defeated. Several individual leaders largely selected on a task- of the members of the council elected in oriented basis, survived in some form during February were reelected (Sam Kaye, Ray­ several decades of reservation life. How­ mond Natchez, William O'Daye, Billy Wil­ ever, leadership structures undoubtedly were liams, Harrison Frazier, and Mark Jones) but affected by the BIA practice of designating John Wright and Teddy James from the old some individuals as tribal judges or police­ council were defeated for reelection. At the men and by the tendency of non-Indians to first council meeting after the election, Billy look for a single "chief of the tribe or of Williams was elected chairman by the other all Northern Paiutes. councilmen. Second, during the 1920s, in spite of The dropoff in voting participation may their view that they ought to deal with In­ have resulted in dissatisfaction with the BIA dians only on an individual basis, BIA offi­ and/or the IRA. As noted above, two pro­ cials in fact met with various councils of posals made to the Resettlement Adminis­ Pyramid Lake Indians and also accorded tration that would have benefitted the reser­ leadership status to Abraham Mauwee, who vation were used as arguments in favor of regarded himself as a chief and was accepted PYRAMID LAKE PAIUTE TRIBAL COUNCIL 207 as such by at least some members of the based on a written constitution replacing a tribe. However, the BIA never formally rec­ traditional governing structure centering ognized any leadership structure on the res­ around a "chief." However, it also seems ervation, and various individuals claimed that the traditional structure was not ac­ status as spokespersons for the tribe at cepted by all Pyramid Lake Paiutes before various times during the late 1920s and early constitution-writing began, either because 1930s. deterioration of earlier structures already Third, in early 1934, as a result of mis­ had occurred or, more likely, because there understanding of a BIA circular asking for had never been a situation within this tribe opinions about the proposal which would in which a single person was accorded a become the Indian Reorganization Act, Sup­ long-term leadership role. The latter expla­ erintendent John H. Hoist organized an nation is supported by the absence of evi­ elected tribal council at Pyramid Lake, dence for the persistence of traditional although a written constitution was not "chiefs" after the formation of the new adopted until August. According to Farm council. Perhaps BIA officials simply were Agent Brigance, Chief Mauwee "abdicated" not aware of such persistence, but this to this council in early 1934. This first seems unlikely. Pyramid Lake Council functioned until re­ Although there is not space here to placed by the first council elected under the document this, after Superintendent Bowler IRA constitution, and helped to write that came on the scene in 1934, the local BIA document. officials vigorously defended the interests of Fourth, the IRA was accepted at Pyramid the Pyramid Lake Paiutes and worked with Lake by vote of the tribe in December, 1934. both tribal councils. This was particularly About a year later, an IRA constitution was the case with respect to attempts to secure accepted by the tribe, and a few months af­ the return of lands held by squatters in the ter this the first election of the new council southern half of the reservation, but this was held. Voting participation rates declined generalization applies to other questions as steadily as these events were occurring. well. If the BIA under Bowler's leadership Fifth, while it is impossible to describe imposed a constitution upon these Indians, the process of writing the new constitution which is quite unlikely, it certainly did not in detail, both members of the national Or­ do so as part of an attempt to destroy them ganization Division staff and reservation and/or to take their remaining resources. members participated in the drafting process, On the contrary, from the perspective of and Superintendent Bowler sat in with BIA Superintendent Bowler, it is obvious that officials in Washington during meetings that formation of the tribal council was part of resulted in modification of the draft arrived an overall policy designed precisely to re­ at in Nevada. Incomplete information does verse earlier assaults on the self-governing not permit firm judgments about the extent authority of the tribe and on its resources. to which the resulting constitution repre­ REFERENCES sented the views of Pyramid Lake Paiutes at the time, but there is internal evidence that Canfield, Gae Whitney the constitution and by-laws contain at least 1983 Sarah Winnemucca of the Northern Pai­ utes. Norman: University of Oklahoma some significant elements of local origin. Press. It may be possible to interpret these Cohen, Felix events as an example of an elected council 1982 Felix S. Cohen's Handbook of Federal 208 JOURNAL OF CALIFORNIA AND GREAT BASIN ANTHROPOLOGY

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