National Park Service Recreational Use of Land in the United States

To the Executive Committee, American Anthropological Association:

Late last fall the president of the association, Dr. Walter Hough, appointed a committee to inquire into the subject of illegal excavations in ruins on the public domain. This committee consisted of Dr. A. V. Kidder, Mr. Earl H. Morris, and the undersigned. The committee made a progress report at the New York meeting of the association last December; it was suggested at that time that certain additional information be sought and a final report be submitted to the executive committee for publication in the American Anthropologist. Although the results of our inquiries have not been satisfactorily answered in every instance it is deemed advisable to present the following summary.

On June 8, 1906, the so-called Antiquities Act (34 Stat., 225) was approved, making it a criminal offense for any person to "appropriate, excavate, injure, or destroy any historic or pre-historic ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States without the permission of the secretary of the department having jurisdiction over the lands on which said antiquities are situated." The intent of the law is clear. Through lack of its enforcement, however, certain unfortunate conditions have arisen and future archeological research, especially in the southwestern United States, is threatened with a considerable handicap unless corrective measures are speedily introduced.

It is a fact well known to the members of this committee and to many other students of southwestern archeology that extensive collections of antiquities have been illegally obtained from prehistoric ruins on the public domain. Most of these ruins lie on Indian reservations in Arizona and New Mexico. Their exposed and unprotected condition is a constant invitation to the passerby to excavate for chance curios whenever the opportunity admits. Most residents of the Southwest regard it as their inalienable right to dig for "relics" in any ruin that tempts their enthusiasm. This spirit has rarely been contested. Except in the more inaccessible districts, it is now extremely difficult to find a prominent ruin that has not been measurably mutilated. It goes without saying that all data connected with objects of antiquity recovered during illegal operations is wholly ignored by the commercial or amateur collector. The objects themselves, perhaps temporarily cherished by the collector, are invariably soon broken and discarded or sold to any person offering a satisfactory price. In either case the specimens are lost to science and the unwritten story held within the ruins from which they came is rendered fragmentary for future investigators.

Because of their very isolation and freedom from the possibility of interference, traders on the various Indian reservations of New Mexico and Arizona are frequently instrumental in fostering unauthorized excavations. If the traders do not themselves engage in promiscuous digging they encourage the Indians to do so through purchase of three unbroken specimens collected. The committee has been reliably informed of one such trader, in western New Mexico, who is now seeking to fill an order for 1,000 pieces of prehistoric pottery. The committee has before it a typewritten list of over 200 specimens from cliff dwellings on the Navajo Reservation, in eastern Arizona, for which the collector asks $5,000. This list was voluntarily furnished by the trader who gives, also, the localities from which the specimens were obtained. Clearly this collection was made in violation of the Antiquities Act—the trader's own list is in itself an admission of the fact—but there appears to be no means of punishing the criminal or of preventing his further depredations. The difficulty lies in the fact that no Government official seems to have been authorized to enforce the act of 1906. It is inferred that witnesses to acts of illegal excavation must submit proof else no case exists. In other words, the departments under whose authority the law places all ruins on the public domain seem unwilling, or unable, to assume the responsibility of enforcing the law.

This committee agrees that the Indian trader is chiefly responsible for the present increasing traffic in artifacts from prehistoric ruins in the southwestern United States. The average citizen is less to blame. In consequence of this agreement the following letter was addressed to the Secretary of the Department of the Interior:

"The subject of illegal excavations in prehistoric ruins on the public domain received earnest consideration at the twenty-second annual meeting of the American Anthropological Association, held in New York City during the closing week of 1923, and resulted in appointment of a committee to examine more fully into the matter and recommend such corrective measures as appear most feasible. This committee consists of Dr. A. V. Kidder, of Phillips Academy, Andover, Mass.; Mr. Earl H. Morris, of the American Museum of Natural History, New York City; and the undersigned, of the United States National Museum.

"The American Anthropological Association includes within its membership of nearly 600 every professional anthropologist in the United States, thus representing the unofficial opinion of our greater museums and institutions of learning. Individually and collectively these members are actively engaged in the study of American history and seek, through original research and investigation, to ascertain the basic truths regarding the American peoples, historic and prehistoric, that the facts may be recorded for posterity. Our joint concern, therefore, as regards continuation of unauthorized excavations in ancient ruins on the public domain is heightened by the obvious fact that such illegal practices destroy the evidence on which our investigations must, from necessity, be founded.

"That illicit digging in ancient ruins continues unchecked, especially throughout the southwestern United States, is well known to American anthropologists and others. Most of this vandalism is carried on in direct violation of the law, to judge solely by the clandestine methods pursued. The objects recovered find their way to dealers in curios and Indian artifacts and, ultimately, to individuals. In all such instances the related data are lost and the objects rendered useless for scientific purposes. Nearly every reservation trader is a primary aid to illegal traffic in American antiquities. These traders, if not personally engaged in secret digging, encourage the Indians to do so through purchase of the objects recovered. Irreparable damage to the prehistoric ruins is the obvious result and the evidence upon which science depends is lost forever.

"As to the remedy: This committee is agreed that existing laws are entirely adequate to meet the conditions outlined above. The act for the preservation of American antiquities, approved June 8, 1906 (34 Stat. L. 225), and the rules and regulations prescribed thereunder, clearly differentiate between legal and illegal excavations in prehistoric ruins and provide effective punishment for the latter. But the act, if known, is generally ignored by those who profit through excavation and sale of American antiquities. Most ruins now subject to despoliation lie within the Indian reservations in New Mexico and Arizona and on adjacent public lands, including those in southern Utah and southwestern Colorado.

"As a means of more effectively enforcing the act above mentioned the committee members, each possessing intimate knowledge of conditions throughout the Southwest, concur in and respectfully submit the following recommendations: (1) In accord with section 16 of the rules and regulations, it is recommended that superintendents of Indian reservations be authorized and instructed to confiscate and forward to the national depository such antiquities as now may be illegally in possession of traders within their respective jurisdictions; (2) that all traders, under penalty of losing their permits, be required forthwith to cease traffic in antiquities absolutely; (3) that copies of the act of June 8, 1906, and the dependent rules and regulations be posted conspicuously in all Indian agencies and reservation trading posts and in post offices throughout the southwestern United States. Such widespread distribution should be followed (4) by designation of several field officers who, in accord with sections 13 and 17 of the rules and regulations, would be authorized to compel observation of the same and confiscate all antiquities illegally obtained. Through such convenient means, in the opinion of this committee, prehistoric ruins and other antiquities on the public domain may be more effectively protected and preserved until investigated by authorized institutions of recognized responsibility."

In reply to this communication, the following has been received:

"Your letters of March 7, 17, and April 18, 1924, have been received in relation to affording protection against illegal excavations in prehistoric ruins on the public domain and the Indian reservations.

"The matter has been taken up with the Commissioner of Indian Affairs, and instructions will be issued to the various representatives of that office in the field to prevent unauthorized excavations of ruins on the Indian reservations, and enforce the regulations promulgated under the act for the preservation of American antiquities, approved June 8, 1906. Appropriate instructions will be issued by the Commissioner of Indian Affairs, and he will be supplied within copies of the law and regulations as soon as they can be printed.

"As to the depredations on the public domain, the General Land Office under date of January 28, 1911, and June 11, 1911, issued instructions to its various field officers to render every possible assistance to the Department in the enforcement of the regulations for the protection of American antiquities. The matter has again been taken up with the Commissioner of the General Land Office with a view to issuing further instructions."

The Department's letter thus holds a promise that some sort of action is finally to be taken. Just how successful these efforts will prove remains to be determined. Similar instructions in the past have been too easily forgotten. But the committee feels that this subject should not be set aside until some real effort has been made toward enforcement of the Antiquities Act and the public is well aware of the situation. Mere issuance of instructions is insufficient. There must be enforcement of the law. Vandals, wherever found, should be effectively punished and collections illegally obtained should be confiscated. Otherwise there is but scant hope of realizing the clear intent of the Antiquities Act, namely, protection and preservation of that small portion of our once numerous prehistoric ruins still remaining under Federal jurisdiction. The laws stands but it is being constantly ignored, and with impunity.

In order that this subject may be still further pressed, if need be, the committee recommends that each member of the association and especially those engaged in southwestern research, forward to the committee members data on such specific instances of illegal excavation as may have come to their individual attention. With additional information at its disposal the American Anthropological Association will be able to present a stronger case and seek the more speedily to check such vandalism as that mentioned in the preceding paragraphs. It is desired that the name and address of any unauthorized excavator be furnished when possible; that the location of his operations and the nature of his finds be given together with any additional, helpful data. It appears obvious to the committee that the Antiquities Act will not be rigidly enforced unless this association takes the initiative in the collecting of facts with which to impress the administrative officers of those Government departments having jurisdiction over public lands on which prehistoric remains are situated. If there is really a lack of responsible authority that want must be met. Minor offenders will quickly curtail their fluctuating enthusiasm if the commercial pothunter can he brought to task and the fact of his punishment given sufficient publicity.

Respectfully submitted.

(Signed) NEIL M. JUDD, Chairman.

MAY 26, 1924.

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¹ Reprinted from the American Anthropologist, vol. 26, no. 3, July-September 1924.

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