Collection: Directories and Documents > Tanis Thorne Native Californian & Nisenan Collection

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Title: The Yokayo Rancheria [Pomo] Collection Type: Directories and Documents Collection Name: Tanis Thorne Native Californian & Nisenan Collection # of Pages: 4 Download PDF: User Login Required Download OCR Text: User Login Required

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214 California Historical Society Quarterly Sorgintl deed to the Indians passed a good title for the benefit of the tribe, / “and that such title will descend in perpetuity.”*” It was the opinion of the court that the land was held in trust and that the chiefs were trustees. Justice F. W. Henshaw, in disposing of the attack upon the title, said: But, finally, it may be said, that it would be a reproach to our jurisprudence if, under all the circumstances shown, our laws should compel that this tribe be driven from the land which it had purchased, and forced again to become wanderers on the earth, But such reproach, we take it, does not attach. At common law, it is true, a deed of conveyance to an unincorporated voluntary association was bad for lack of a capable grantee, and cases will be found which hold that where the grantee could not take directly, he or it cannot take through the medium of a trustee. But from this grew an abuse which equity was prompt to remedy. So that it is now recognized that a valid grant may be made to trustees for such an unincorporated voluntary association, and that such title will descend in perpetuity. And certainly, if ever there was a case where equity would seek to sustain such a grant, it is the case here presented. The Yokayo rancheria is still being administered as communal property. Early in August, 1935, a tribal meeting was held at which five chiefs were selected to take the places of chiefs Dick, Charley, Bill and Lewis, all deceased. On August 16, 1935, a proceeding was filed in the superior court of Mendocino County to confirm the selections, and an appropriate order was made by the court on November 8, 1935, except that, conformable to white man’s law, the chiefs were designated as trustces.7® Dick, Lewis, Bill and Charley have all gone to the happy hunting ground. The Ukiah Valley, where they and their ancestors roamed, hunted and fished, doing much feasting and a little fighting, now belongs to the white man. Civilization has come to it, with its towns and villages, its railroad and highways, its churches, schools, shops, and its hospital for the insane. However, one small portion of this valley, 120 acres, has descended to the members of the Yokayo Indians, and, by decree of the white man’s court, will descend in perpetuity. The four old chiefs lie buried on the hill in the tribal cemetery, overlooking the fertile acres they acquired for their people. There the descendants of the Yokayo tribe now reside, in the same communal society that was established through the wisdom of their chiefs, and at peace with their neighbors.’® NOTES 1. A. L. Kroeber, Handbook of the Indians of California (Washington, D. C., 1925). 232-33; S. A. Barrett, “The Ethno-Geography of the Pomo and Neighboring Indians.” Univ. Calif. Publs. Amer. Archaeol. and Etbnol., V1 (1908), 1-332; E. W. Gifford and A. L. Kroeber, “Cultural Element Distributions: IV, Pomo,” ibid.. XXX VII (1937). 121, give specific boundaries for Yokaia territory. 2. H. H. Bancroft, History of California (San Francisco, 1884-90), IV, 674. 3. Sheriff's certificate of sale, Edward L. Green, sheriff of Sonoma Co., to S. C. Hastings, March 26, 1859, and recorded Oct. 12, 1892, in Certificates of Sale, Book 3. p304, Mendocino Co. records. 4. Deed, Cayetano Juarez to John Currey, recorded Nov, 24, 1866, in Deeds, Book 3, p194, Mendocino Co. records. The Yokayo Rancheria 215 s. Sheriff's deed, Edward L. Green, sheriff of Sonoma Co., to S. C. Hastings, recorded Oct. 3, 1859, in Deeds, Book 1, p. 29 Mendocino Co. records. 6. Bancroft, op. cit., III, 735; VI, 509; lee +. History of Mendocino Cane, Lyman iy historian (San Francisco: Alley, ‘en & Co., 1880), p. 232; Bancroft, op. cit., V1, 509; — eueber ne wn = 35-36, gives an account of a feud, adjusted by the dispucants, over hunting and fishing rights. See also Gifford and Kroeber, op. cit. p. 120. g. Patent, U. S. to Cayetano Juarez, recorded Oct. 21, 1867, in Patents, Book 1, pp. -23 incl, Mendocino Co. records. ; aie C. Juarez to M.G. Vallejo, dated Aug. 16, 1852, recorded in Deeds, Book H, 22 oma Co. records. i i i Sok M. G. Vallejo and Mortimer Ryan to John Currey, S. Clinton Hastings, and Horace W. Carpentier, recorded May 8, 1867, in Deeds, Book 2, p. 353, Mendocino Co, records. 12. History of Mendocino Co., op. cit., p. 476. ; ; 13. For a discussion of Sonoma-Mendocino county boundaries, see idem, pp. 272 ff; 76. See also Owen C. Coy, California County Boundaries (Berkeley, 1923), Ppoe . 14. No. 6027, in the records of the Mendocino Co. clerk, containing a statement of the history of the rancheria, has been drawn upon for many of the facts given in the present paper. No. 6027 was filed Dec. 20, 1904, and is entitled, “Dick Ruddick and Captain Lewis (Indians), for and on behalf of the Yokayo Tribe of Indians, Plaintiffs, zs. F.C, Albertson, T. J. Weldon, as Administrator of the Estate of Charley (Indian) Decors I. J. Weldon, as Administrator of the Estate of Bill (Indian) Deceased, Minnchaha, Hiawatha, Ollagoola, Wanahana, Pocahontas, Defendants.” The complaint in this action was verified by the two surviving chiefs, Dick and Lewis. — is, James H. Burke was one of the sons of Alexander Burke, who came to California n 1853, and in 1857 took up 1100 acres of land south of Ukiah. History of Mendocino . “ N pi pea by Charles H. Yates, as grantor, to Lewis, Dick, Charles and Bill, all Indians, and their tribe, of Ukiah Valley, Mendocino Co., California, dated Oct. 20, i881, and recorded Oct. 20, 1881, in Deeds, Book 26, p62, Mendocino Co. records. 17. The decision of the Supreme Court of California on appeal, in the case brought hy chiefs Dick and Lewis, was dated Dec. 15, 1908, and is set forth in California Reports, vol. . Pp. 640. . a nN pepeecding brought in the Superior Court of Mendocino Co. on Aug. 6. 1935» No. 12567, asking for the appointment of trustees of the tribe to take the place of chiefs Diek, Charles, Bill and Lewis, all deceased. This proceeding culminated in the appointment of Manuel Variael, James Moranda, Taylor Mitchell, Frank Luff, and Steven Knight, as trustees of the Yokayo tribe. This order was made by the Superior Court of} ino Co. on Nov. 8, 1935. . ; ta adiiion to the cited auchorities, I had the benefit of consultation with Manuel Veriael, the oldest living member of the tribe and one of the present acting trustees or chiefs (he does not know his age,-but i is generally recognized that he is not under fo years); and I consulted with Breve Kni vho is well educated and is also one of the present trustecs. He is perhaps 70 years old. Another thac I knew was F. C. Albertson, now deceased, a prominent citizen of Ukiah, at one time county recorder, and for many years vice-president of the old First National Bank of Ukiah. He was the person selecte bv the original chiefs to be business manager of the property. Mr. Albertson's statements cumfirm in detail the documentary evidence.