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about $1.50, when it costs them $25 or such a matter, and there is no way of educating them about it, and it is utterly impossible to educate those Members of the Congress. I talked until I was black in the face, almost, trying to explain for the purpose of preventing a 300 per cent flat raise in 1920 which they wanted to put on. We did agree, in order to avoid that, we of the West, to this survey and this investigation which has been made, and now it comes in here in this Rachford report, and they have appointed two more men now to come out and survey this, a man from Colorado Springs and a Kansas man. They were appointed by the President to investigate the present conditions further. Dan Casement is the Colorado man. Casement has a large stock interest back there, but, be that as it may, I do feel that we have never had a hearing at court, and it seems impossible for us to get up to anybody that knows anything about us. We tried for years to get Haugen to come out here and look at it and he went through the corner of one reserve up here in northwestern Colorado and then lit out for home. He was only here about six hours, I think, and then went back and assumed to know all about the forest reserve. He was here at least a very short time. But these are matters we have to meet all the time. And we hope you gentlemen when you make your report to Congress, as we know you will, will make a comprehensive report of the conditions, and then I say to you frankly that we Members of the House of Representatives have to rely upon you western Senators to see that these men get justice, because we have not got the votes in the House to counteract the apparent determination to put it on us people out here. They say they believe in a high protective tariff, and so they believe in putting the tariff on us to protect them back there in the raising of their cattle. They say this is the place to put up the bars here. It will put us out of business. I don't think they are concerned about the cost to the Government or increasing the fees because they will go to the Forest Service. They say that the Government of the United States is spending $7,000,000 a year to maintain 150,000,000 acres of pasture out here in the forest reserve, and that we fellows are getting the benefit of it and paying little or nothing for it. They are helping pay that $7,000,000, which is true. We ought to be taxed enough here so that $7,000,000 will be taken off of their shoulders, that is about what they would like to do. Well, I am just giving you my ideas as the Representative here from this congressional district, and if anybody, stockman or anybody else, desires to ask me any questions, I would be pleased to answer. But I wanted to present to you the situation with regard to this Ute Indian Reservation, because that presents a legal question that does not obtain any other place. I don't know whether you can grant relief in respect to that or not.

Mr. REES. You made the statement that it was costing $7,000,000 to conduct the forest reserves. By that you meant to include all the expenses everywhere of all the forest reserves?

Service Department in Washington.

Representative TAYLOR. Oh, yes; that includes the entire Forest

Mr. REES. I wanted that to go into the record.

43213-25-PT 12-13

Representative TAYLOR. Oh, yes; the forest reserve is only a small per cent. said the other day, Mr. Blair?"

cost of administering the What per cent was it you

Mr. BLAIR. I understood that the cost of administering the grazing on the forest was a considerable per cent less than the grazing fee.

Representative TAYLOR. Well, it is not over 30 per cent of the grazing fee. We are paying about 70 per cent more than the Government expends for the service that it is rendering to us, something

like that.

Senator JONES of New Mexico. Congressman Taylor has raised a very important question here regarding the title of these Ute Indian lands. And it seems to me that the solution of this question is the foundation of this whole situation.

Representative TAYLOR. I am afraid it is.

Senator JONES of New Mexico. And he has brought here a report regarding this addition to a forest reserve which called for the statement of the Secretary of the Interior regarding the title to these lands. I am inclined to believe that that report ought to be inserted in the record of these hearings. It includes the opinion of the court in the disposition of the case to which the Congressman refers. I doubt if the report is in any permanent form for preservation at the present time. And I am inclined to believe that this letter to Mr. Taylor which has attached to it the decision of the court and the finding of the facts and so on, ought to be published in the record.

Senator CAMERON. Very well, that may go into the record.

Senator JONES of New Mexico. This is on page 7 of the document which the Congressman presented. And beginning at page 7 was the letter to Congressman Taylor, together with what follows.

Representative TAYLOR. And I think you had better have the letter of Secretary Lane to the chairman of the Committee on Public Lands of the House of Representatives and the letter from Commissioner Tallman preceding that go into the record, because they are really a part of it.

Senator CAMERON. Let us put the whole thing in the record. Representative TAYLOR. I think that is the only thing to do. Senator CAMERON. Then it will cover the whole situation. Senator JONES of New Mexico. Put the whole pamphlet presented by Congressman Taylor in the record.

(Rept 1073 of the House of Representatives, Sixty-third_Congress, second session, "Addition to Uncompahgre National Forest in Colorado," is here printed in the record in full, as follows:)

ADDITION TO UNCOMPAHGRE NATIONAL FOREST IN COLORADO

The Committee on the Public Lands, to whom was referred the bill (H. R. 17263) to reserve certain lands, to incorporate the same, and make them a part of the Uncompahgre National Forest in Colorado, having had the same under consideration, respectfully recommend that the bill be amended as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

"That the following-described surveyed lands: Northwest quarter section 6, in township 46 north, range 4 west; sections 4 to 11, inclusive, and sections

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14 to 18, inclusive; northwest quarter section 19, northeast quarter section 21, sections 22, 23, 26, and 27, southwest quarter section 31, southeast quarter section 33, sections 34 to 35, inclusive; all in township 47 north, range 4 west;

"Sections 1 to 4, inclusive; east half of section 8 to east half of section 17, inclusive; sections 22 to 27, inclusive; sections 34 to 36, inclusive; all in township 47 north, range 5 west;

"Sections 5 to 20, inclusive; west half section 21, west half section 28, sections 29 to 32, inclusive; west half section 33; sections 17 to 20, inclusive; all in township 47 north, range 6 west;

"Sections 1 to 4, inclusive; sections 9 to 16, inclusive; sections 21 to 28, inclusive; section 33, the north halves of sections 34, 35, and 36; all in township 47 north, range 7 west;

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Sections 31 to 33, inclusive, in township 48 north, range 4 west;

'Sections 33 to 36, inclusive, in township 48 north, range 5 west;

"Sections 17 to 20, inclusive; sections 29 to 32, inclusive; all in township 48 north, range 6 west;

"And certain lands now unsurveyed, but which when surveyed will probably be the following-described lands, to-wit:

"Sections 2 to 5, inclusive, northeast quarter and south half section 6, sections 7 to 11, inclusive, in township 46 north, range 4 west;

"Sections 1 to 6, inclusive, in township 46 north, range 5 west;

"Sections 1 to 5, inclusive; and sections 10 to 12, inclusive; in township 46 north, range 6 west;

"Northeast quarter and south half section 19, section 20, northwest quarter and south half section 21, sections 28, 29, 30, north half and southeast quarter section 31, section 32, north half and southwest quarter section 33; all in township 47 north, range 4 west;

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Sections 20, 21, and sections 28 to 33, inclusive; all in township 47 north, range 5 west;

"East half section 21 to east half section 28; east half section 33 to section 36, inclusive; township 47 north, range 6 west;

"The south halves of sections 34, 35, and 36, in township 47 north, range 7 west;

"Sections 3, 4, 9, 10, 13 to 16, inclusive; 21 to 28, inclusive; and 33 to 36, inclusive; in township 48 north, range 7 west;

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Sections 34 and 35 in township 49 north, range 7.west.

"New Mexico meridian, in Ouray, Montrose, and Gunnison Counties, Colorado, be, and the same are hereby, reserved and withdrawn from entry and made a part of and included in the Uncompahgre National Forest, subject to prior valid adverse rights.

And as so amended the committee recommend that the bill do pass.

The committee submitted this bill to the Secretary of Agriculture and Secretary of the Interior for reports, and those reports are as follows:

Hon. SCOTT FERRIS,

DEPARTMENT OF AGRICULTURE,

Washington, July 10, 1914.

Chairman Committee on the Public Lands,

House of Representatives.

DEAR SIR: I wish to acknowledge receipt of a copy of the bill (H. R. 17263) introduced by Mr. Taylor, to reserve certain lands, to incorporate same, and make them a part of the Uncompahgre National Forest, in Colorado, with the request that your committee be sent a report thereon.

The lands proposed to be added to the Uncompahgre National Forest are in two tracts. Those in townships 46, 47, and 48 north, ranges 4, 5, 6, and 7 west, are chiefly valuable for timber production, and much of it is covered with merchantable timber. It is of a character to warrant inclusion in a national forest under These areas are similar to the forest lands in the Uncompahgre, to which they are contiguous. Their description was not known at the time the national forest was first created. Since the passage of the act of March 4, 1907 (34 tions made to any heretofore created, in Colorado, among other States, the Stat., 1256), which provides that no forest reserves shall be created nor addi

hes can not be added by presidential proclamation. Because these areas are chiefly valuable for timber production and are of such a character and cover of to warrant their inclusion, it is believed that they should be made a part

of the Uncompahgre National Forest.

The other tract described in the bill, in townships 47, 48, 49, and 50 north, ranges 7 and 8 west, is not potential forest land like the areas above described. At the present time it is used for grazing purposes. The local forest officers report that during recent years there have been serious conflicts between those grazing sheep and cattle upon the lands. It is now open to unrestricted grazing, and this has brought about the conflicts. It is also stated that a part of this watershed will be needed by the town of Gunnison for municipal water supply protection, and that certain officials are desirous of having the land placed under Government control so that the grazing of livestock there may be regulated and the contamination of the water supply prevented.

Several additions to the national forests have been made in other States in order to protect the waters needed by municipalities for domestic uses, and in order to prevent the pollution of the water supplies. The administration of the two areas mentioned in the bill would not add materially to the cost of administering the Uncompahgre National Forest as a whole. If, therefore, your committee decides to add both areas to the existing Uncompahgre National Forest, this department will have no objection to the passage of the bill. Very truly yours,

C. F. MARVIN, Acting Secretary.

DEPARTMENT OF THE INTERIOR,
Washington, July 18, 1914.

Hon. Scorr FERRIS,

Chairman Committee on the Public Lands,

House of Representatives.

MY DEAR MR. FERRIS: In response to your request therefor, I have the honor to submit the following report on H. R. 17263:

The bill proposes to add certain therein-described lands in Colorado to the Uncompahgre National Forest.

I am advised by the Commissioner of the General Land Office that such lands adjoin the said national forest and extend northward therefrom, and have an estimated area of 110,630 acres, 65,030 acres thereof being surveyed. Such surveys were made between 1889 and 1902, and the field notes thereof show the greater portion to be mountainous or mesa land, with scattering spruce and aspen timber, dense undergrowth, and grasses; that the lands described in the bill in T. 48 N., R. 6 W., and in T. 47 N., R. 6 W., except the southeastern portion in Trident Mesa and those in the eastern portion of T. 47 N., R. 7 W., are fine grazing and agricultural lands, and that all the surveyed land is well watered by Willow, Pine, and Blue Creeks and the Cimarron River and their tributaries.

Twelve thousand eight hundred and forty acres of the area proposed to be reserved are included within entries and claims under the public-land laws of record, 9,280 acres thereof in entries upon which final certificate or patent has issued and 3,560 acres in unperfected entries, the location of such entries therein being indicated upon the accompanying diagram. Certain of the lands are subject to approved rights of way for reservoirs, canals, etc., under the act of March 3, 1891 (26 Stat. 1095). A tract of 520 acres in sections 9 and 16, T. 47 N., R. 7 W., was reserved by the act of May 9, 1914 (Public, No. 97), to be purchased by the city of Montrose at $1.25 per acre for park purposes, and 29,330 acres are under withdrawal for coal classification.

The lands described in the bill are within that portion of the former Ute Indian Reservation ceded under agreement ratified by the act of June 1, 1880 (21 Stat. 199), subject to cash entry under said act, and that of July 28, 1882 (22 Stat. 178), the proceeds of such sales to be deposited for the benefit of the Indians after deducting certain expenditures as therein provided. The act of June 13, 1902 (32 Stat. 384), extended the homestead laws over such lands and provided that any money lost to the Indian fund by virtue thereof should be made up by the Government.

Certain lands within such cession have been heretofore included within national forests. On May 23, 1910, the Court of Claims, in the case of The Confederated Bands of Ute Indians of Colorado v. The United States, under the jurisdiction conferred by the act of March 3, 1909 (35 Stat. 788, 789), said that the Indians should be credited with $1.25 an acre for such of said lands in forest reservations as had not been entered and paid for.

The area to be added to the Uncompahgre National Forest thereby is more extensive than its principal purpose-the protection of the water supply of Montrose would seem to warrant and includes agricultural lands, as hereinbefore stated, and certain areas that are heavily alienated, as shown by the accompanying diagram. No facts have been presented to me which in my judgment justify the creation of this proposed forest reservation and eliminating from homestead and similar uses these lands.

Should Congress deem it proper and wise to enact the proposed legislation I would respectifully suggest the following changes in the segregation of the surveyed from the unsurveyed lands, and amendments:

In line 3, page 1, after the colon, insert "northwest quarter section six, in township forty-six, range four west.

In line 5 insert after the semicolon "northwest quarter section nineteen, northeast quarter section twenty-one," and "southwest quarter section thirtyone, southeast quarter section thirty-three, sections" should be inserted after "twenty-seven," in line 6 of page 1.

Strike out from sections," in line 12, page 1, through "inclusive," line 2, page 2, and substitute "sections five to twenty, inclusive; west half section twenty-one, west half section twenty-eight, sections twenty-nine to thirty-two, inclusive; west half section thirty-three."

Strike out "sections thirty-three to thirty-six, inclusive," line 6, page 2, and substitute "section thirty-three, the north halves of sections thirty-four, thirtyfive, and thirty-six."

In line 18, page 2, insert "five, inclusive, northeast quarter and south half section six, sections seven to after "to."

Strike out from sections," in line 1, page 3, to the semicolon in line 2, and substitute "northeast quarter and south half section nineteen, section twenty, northwest quarter and south half section twenty-one, sections twenty-eight, twenty-nine, thirty, north half and southeast quarter section thirty-one, section thirty-two, north half and southwest quarter section thirty-three."

Strike out from "section," line 4, page 3. through "inclusive," in line 5, and substitute" sections twenty, twenty-one," the plat of T. 47 N., R. 5 W.,' showing such township to be but four and a half sections wide.

Insert "the south halves of sections thirty-four, thirty-five, and thirty-six, in township forty-seven north, range seven west," between the third and fourth paragraphs on page 3.

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A small portion of the area proposed to be reserved in T. 47 N., R. 7 W., is in Ouray County. "Ouray "should therefore be inserted before Montrose" in line 17, page 3.

In order that such rights may be protected in the event the bill is enacted into law I would suggest that the words "subject to prior valid adverse rights" be inserted after "Forest," in line 20, page 3.

A copy hereof is inclosed.

Respectfully,

FRANKLIN K. LANE.

The committee has adopted all of the amendments suggested by the Secretary of the Interior, and the one amendment set forth above presents the bill in the form as it would read with the adoption of the recommendations of the Secretary.

As stated in the report of the Secretary of Agriculture, Colorado is one of the six States in which, since the act of March 4, 1907 (34 Stat. 1256), no forest reserves can be created nor additions made thereto by presidential proclamations. The only way any forest reserves can be enlarged in Colorado is by an act of Congress. This bill was introduced by Mr. Taylor, of Colorado, and reported by the committee at the earnest request of the authorities and citizens of the city of Montrose, who desire to have all of the western portion of this land incorporated in the forest reserve for the protection of the water supply of that city. They desire to guard or police the land adjacent to their city water supply canal and reservoir, in conjunction with the Forest Service officials, at the expense of the city, for the purpose of preventing the pollution of the water. There is no way at the present time of regulating the use of the public domain upon which the city reservoir is situated and through which its water supply canal runs for about 15 miles; and the city authorities and citizens have had so much annoyance with nomadic flocks of sheep and other indiscriminate use of that territory that they have for many years been appealing to Congress to incorporate all of that land in the forest reserve, and allow them under regulations which are now in use under the

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