National Republican., 1883-06-06
WE "zuN1 1ANps.o
A Statement OF the History OF the Lands
involved I'm the Nutrln Springs COntro-
sanla Fe Neto Merican.

been full Of discussion of the entry of the
Nutria Spring valley by Maj. Tucker and
others, and all sorts Of versions have been
given of the matter, and in most instances
the published statements have been wide Of
the truth
We have taken the pains to investigate the
facts in connection with it, and flnd that in
March, 1877, President Hayes, by executive
order, designated the Zuni reservation by
courses and distances, and it was laid down
on tho maps issued by the general land office.
No survey of the reservation was ever made
but in the course of time the public surveys
were extended over tho country adjacent to
the reservation as laid down on the general
land Office map which was protracted thereon
to correspond with the presidents order.
The land taken by Mai. Tucker is fully four
miles distant from the northeast corner of the
reservation as made at that time, and IL was
open for settlement and entry as clearly as
any public land in the United States
The Zuni Indians have numerous herds of
horses, cattle, and sheep, and possess so many
animals that their grant of four square leagues
of we'll watered and finely grassed lands was
insufficient for them, so that during part OF
the year they pastured their herds and cul-
tivated at times small patches of ground in
about twenty miles or moro distant from tho
nearest part Of their grant, and three TO six
miles from the nearest part of the reservation
as declared by President Hayes. IL was
probably the intention " Agent Thomas, who
prepared the description of the reservation,
to take in the Nutria spring, as he now states
at least yet he admits the error in description
which excluded it. The executive order was
arbitrary, directing that the boundary of the
reservation should commence at the one hun
dred and thirty-sixth mile stone on the west
boundary Of New Mexico and running thence
north sixty-one degrees forty-five minutes,
east thirty-one and eight-tenths miles to the
crest of the mountain above Nutria spring,
thence south twelve miles, thence south sixty
one degrees forty-fve minutes west to the
one hundred and forty-eghth mile stone on
the west boundary of New Mexico.
The same was plated in the official land
office map, and the survey of the adjacent
public lands was ordered by the commissioner
to close on the line as protracted, and laid
down by course and distance on the govern
ment maps, which left the Nutria spring out
side the reservation, and hence subject to be
taken by any citizen under tho laws of con-
gress. Maj. Tucker and associates saw the
opportunity and made their entries, as they
or any other citizen had right to do. The
Pescado spring, which is within q few rods OF
the east line of tho reserve and is more de-
sired by tho Indians, has recently been en-
tered by other parties, and yet nothing is
said about it, although the Indians intended
to get it also, as they have used it as long or
longer than the Nutria.
The Zuni Indians, who are citizens, could
have taken. these lands in the same way years
ago The recent executive order will en-
brace the lands entered by Maj. Tucker and
associates, and If tho order stands as valid the
custom has always been for the Indian bu-
reau to appoint board to assess the reason
able, not exemplary, damages to settlers
upon, or claimants to, lands embraced within
such Indian or military reservation, and such
will doubtless be the action in this instance,
provided the reservation order stands, which
we very much doubt. These Indians are
citizens of the United States, as the courts
have declared, and If the President can de-
clare reservation for them, then he has the
power to declare a reservation for any other
citizen-a power and prerogative that has no
authority of law. But, be that as it may,
there is absolutely nothing in the matter to
create SO much discussion, nor do we see any
reason in the effort of some of our exchanges
to drag Gen. Logan into the case as party
thereto merely because Mai. Tucker is his
son-in-law. We know and have the best of
reasons for believing that Gen. Logan had no
more to do with these entries than Queen
Victoria, and We are satisfied that the use of
his name in connection with IL originates
from personal or political enemies !; and even
If he was one Of the claimants, we fail to see
the wrong, as the lands were open for settle
ment and entry under the laws of the country.
The Albuquerque Democrat in an article gu
this matter in its issue of the nineteenth in
slant, states that Surveyor General Atkinson
made mistake in the survey of the reserva-
tion and hence tho trouble, and also intimates
that such mistake was purposely made. The
fact that no survey of tho reservation has
over been made is sufficient refutation of
the charge against that officer. The subdi-
visional surveys closing on the reservation as
laid down by the general land Office, were
made by deputy surveyor under contract in
tho usual method as prescribed by the survey
ing manual, and no error is alleged so far as
the surveys are concerned nor has their cor
rectness been questioned, and as the land was
clearly not within the limits of the reserva-
tion as construed by the general land office,
the local land officers could not do otherwise
than receive the applications and permit tho
entries. The whole controversy is absurd in
the light of the facts and is a mountain made
out of mole hill.
Tho effort of some of the newspapers to ex-
cite sympathy for tho poor Indian appears
ridiculous to those who know that the Zuni
Indians possess moro wealth than the same
number of our average white citizens. They
nave u BruuJ VI lOur bQuurO lehBuoS anu II
they require more land let them take it un der
the pre-emption or homestead laws, as the
Laguna, Accorna, and other Pueblo Indians
have done and are doing to-day. The fact
that they are asking for such a large territory
on which to pasture their herds is proof Of
their wealth and ability to buy lands as other
citizens arc compelled to do, and we say let
them buy them, for they are better able to do
so than most of our white citizens.
This controversy was originated by certain
parties who were a little late in getting these
same springs, but they want them neverthe-
less, and certain enemies of Gen. Logan
thought they could magnify the matter into
a steal, and drag him into it, and thus
crafty their feelings of i'll will toward him.
Instead Of the press being used as means
of venting personal malice toward citizen
or official, or as the instrument of blackmail
or political assassination of individuals, it
should honestly defend the right and oppose
the wrong from motives Of public good, and
we detest the journalist that prostitutes his
calling in the interest of blackmailers and
towards, that seek to defame the
good name of honored citizens, whether they
be officials or private individuals.
A Wonderful Salt Lake,