Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1904-03-19

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yolvod. This court. 10 U. 3. Va. Luce.
90. supra. page tts. stated that the
Pueblo OF Cochitl had sold a portion
of its and where the town OF Pona
Blanca stands. and tnat the sale waa
recognized as valid by the Mexican
government. one we have been unable
tn verify the courts reference 90 tho
DEGREES oi the Mexican Republic. But
Il sooms clear that they have such
right No Limitation on the power is
90 be- found. either Ia the laws OF Mex
leo. the United States or the Terri.
tory rhe right OF Animation ia one OF
the chief elements OF property values.
and o. possessed by al citizens alike.
The supreme court of the United
states in U. 8 vs. Joseph. "a q. 3.
GtA. iu passing upon the nature Of the
tiilo OF these Indians. says:
The Pueblo luuans. on the con.
rary. hold their land oy night super.
Ilr 90 the United states. Tholr uue
dates hacs Co che grants made by the
government of Spain before the MoXi.
can rCvolutlon--a titio which was ~.
ly recognized Boy the Mexican govern.
mcnt and protected by O. In the trca.
ty ol Guadalupe HIdalgo, by which
thIs country and the allegiance OF its
inhabitants were transferred 90 the
United States"
After mentioning confirmation BY
congress. N stat 3lf. the court FUR.
the says:
"it la unnecessary 10 waste words
to urovc that this was a recognition
of TIE title previously held by these
people. and disclaimer by the GOV
ormont OF any right OF present or fu.
turl interference. except 8ucn as
would De- exercised On the case of a
person holding a competent aud per
I fDct title iu hls individual right"
/ % rs further urged that as these
lands have not boon taxed Tor nfty
I years. this amounts 20 a practical con
. tructlon of the want of power, under
/ tho law. Co tax No defect of the tax
laws ls pointed out. and tboy are am.
; ple to reach an properly, not especial
! iy exempted in the territory. @ So OF
100 force Co argue that taxpayer who.
. by reason OF the miscouccpton OF the
law hy the taxing officer has escaped
I taxation for "a long period shall there
~ acquire immunity for ali time.
"a o. true no doubt. that the fact
that these people live In communities,
separate from the rest of The people.
aud nave local self government. and
.hus preserve. in a largo measure. the
. .hamctoristIos OF tnClr ancient civil.
EatlOn is inc fact which appeals most
stroully 90 the mind and causes u 20
rebel aralns, the conclusion reached
I mere. hut when their history lB sspa
and understood and their legal status
examined. they are found 90 possess
400 the qualifications and rights OF cit.
zouslip luoy are not unlike. in tnis
respect. the shakers and other com.
I munis,io SOCIETIES in other parts Of the
country
u ls a matter OF history, gathered
ly the writer from conversation with
carly residents of the country, that
these people were aitor the treaty
lf Guadalupe iidalgo ana down 20 the
/ organization of the territory, and per
hapa down TO tho Act OF 1864, supra
regarded hy the people as citizens
and as possessed OF all the rights Of
the same They are reported 20 have
participated in elections, aud held Oh
zee M Pena Blanca and other places
a. a. ID
and petit jurors In this same county
Of Bernalillo. while Judge u 3 John
son presided over the same az one
term OF court az least Il Is reported
that through tho efforts of ono John
Ward. an agent appointed for them
thoro vas a tacit agreement reached
between them and the people Of IN,
counties where they resided. that AZ
long as they refrainod flom vOtinl
thoy should not be- taxed Ihey thui
drlfted out OF the political life ct IN,
territory. But no such agreement, d
made was OF any binding force. eth
er upon the Indians or the territory
We conclude, therefore. that IN,
Pueblo Indians OF New Mexico ar,
citizens OF New Mexico and Of IN,
United states. hold their ian0B with
full power OF alienation. ard are. a.
SUCH subject 90 taxation. Il follows
from the foregoing. that the distric
court erred "a overrullng the demur
rer OF the plaintiff to tho defendants
answers. and the Judgment OF the din
trIct court will be- ov rruled and th,
cause romandCd, with instructions Q,
proceed in accordance with this op
lnion And q ls SO ordered
FRANK W. PARKER.
Associate Justice.
We concur: Wunnm J. Mills. q
D. John r Merle a. D.; BeniamiI
3 Baker. A, j.
Pope, j., having been attorney tot
the defendants IN this court. did mol
participate IN this decision
March 3d. A. d.. 1904.