Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1904-03-19
PUEBLO LANDS TAXABLE
Al Important Decision Handed Down
By Associate lusilCs Parker
SOME INTERESTING HISTORICAL DATA

the delinquent tax list of the county OF
HornalIuo Tor me first half Of the
year. A. d.. 1893. case No Sg2. the 80.
prsmo court %, Sew MoycIo last week
banded down an opinion. demanding
the case To- the district court tor
noW trial. lu accordance with the
opinion. which was written hy Associ.
ate Juftice Frank w. Parker and
which Ia important noe only because 90
dennca the status of the Pueblo ln
dlana but Us also Interesting on ac.
count OF its historical data and allu
slonu
Tho opinion follows.
on inc ith day of Juno. 1000. suit
Cor thc collection of taxes which we're
Delinquent for the nrst half of ne
year 1883 was begun under the pruyi
sious oi law. and was blanket suit
covering al cases foroclinQuonttoXos
Among other property on which tax
% were delinquent. were the land
grants described ln enc transcript IN
this cause These grants are the
property Of tho Pueblo Indians The
attorney for the defendants hlcd an.
swor TO the complain for each of the
indian nuchlos. Plaintiff nlcd a genor.
~ demurrer 90 the answer. alleging
,.at they did not sec forth facts sum
Client Co constitute q defense. The iia-
trlct court ovorrulod che demurrer and
ordered the complaint dismissed as Co
sa.4 Indian defendants Plaintiff ap.
poalB
lno single question presented ~
this record is as 20 whether the lands
% the Pueblo Indians are taxable.
n wound bo an inviting task 10 trace
the history OF these people since the
advent of the Spanish conqucrors;
hut. as this court has. in a very inter.
esting opinion. dealt with this subject
we coutont ourselves with "a Reference
thereto
q. y Vs. Lucoro. n. Mex. 422
They were found a peaceful indus.
irious and civilized people. living 10
towns tpuehlusl and following aEricul
tural aud pastoral pursuits, lu 1858
Eni within few years subsequent
the spanish government granted them
their lands SO Ions as they remained
under the Spanish rule. certain re-.
strict'ons werc placed upon The aliena.
tinn OF their property
Halls MoxIrou law. Sec 1850 aud
l6l.
A. late as March 10. ISL. thCy we're
exempted from taxation
Halls Mexican Law. Sec 1853
They seom 90 have been considered
ly the spanish as wares of the gov.
ornament and entitled 20 special priv.
ieros and protection
But a complete change took place On
the status of these people whom MoNi.
GO threw On the Spanish yoke Among
those onTuged in that struggle for In.
dependence. this Aztec race Tar out.
numbered the Mo2lcana aud ka sue.
cess was due On a large measure 90
their efforts lt was Out natural and
nttug that in the formation OF the
new government they should take a
prominent. n not a leading, part. and
hat they should be- placed upon an
equal footing az % all civil and poiit.
ical rights And 20 we ma that sho
revolutionary government OF Mexico
February 20, 1891 short time before
the subyersion Of Spanish power
adpoted what is know as The Plan
Of lguala." tlguala was the place OF
the revolutionary army hoadquar
torsl. In hich n q declared that
IAN the inhabitants Of New spain
without distinction. whether Euro
peans Africans or Indians. are citi
Gems OF this monarchy with the ughJ
90 be employed IN any post according
10 their merit and virtues" and that
tho person and property OF every ciu.
zen will be respected and protected
by the government"
I Ordenes y Docrotos. by Galvan
page o.
u. =. ys ritonie, n How go. 80
524 58s
u. s. vs. Lucoro, supra.
Tho Same principles wcroroanrm
Cd 10 the treaty OF Cordova. or Az
gust 2ftn, 1921.
l. Ordonea Decroios, by Galyau
pago g.
The same principles were rea9rm
I'd and In the declaration OF independ
enoe OF October 9Th, 1921. page s.
The Mexican Congress thereafter
followed with az least four acta. IN
each OF which "Tho plan OF iguaia"
was unlformally considered az q nxed
principle OF Mexican law.
u. w. Tltchle. supra
3 Ordonos y Decreios. pages ] and
a2 and 3 a.. page 66.
This latter act was passed August
rs 1895 only tweuty.four years be-
iore tho treaty OF Guadalupe hidalgo
whereby we acquired this territory
end those people.
How Gar reaching In its consequent
cea this policy and practice has been
may be made more apparent when we
rocan the fact that Maxlmihana de-
feat by the Mexican troops WAS ac
compllshod under she leadership OF
General IuaroE, a fun bloodod AEteC
indian. and that the man who has 81
wisely governed Mexico Tor these last
twenty and more years. as president
N the republic, i8 none other than an