Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-03-29
DEPRECIATION
CLAIMS
An Effort by Delegate B. s.
Rodey to Make the Present
Law More Comprehensive.
FORT MARCY
RESERVATION
A Bill introduced to Permit Of Its
Disposal by the Board Of
Education.

Washington, March 29-For many
years, owing to an injurious law OF
Congress, many citizens of New Mex
leo, who sustained loss by depredations
of Indians, have been unable to col
lect the damages from the govern
ment for the value of the property
stolen by the Indians. The law had o
provision in it stating that if the depre-
dation occurred when the Indians were
in amity with the United States, the
government would pay the damages,
whatever might be found due, but II
the Indians were not in amity, no one
could recover anything.
The court of claims at Washington,
after many trials and after the taking
of vast amount of evidence, reaching
over several years, finally fixed GER
tain dates at which certain Indian
tribes were in amity and certain other
dates, at which they were not in amlty
but were at war with the United
States, and this division of time was
often somewhat ridiculous. For IN
stance one tribe would be said to be
in amity from January to May, or some
other month, and then for three
months to have been at war, and then
in amity again. So that the decision
of the court virtually shut out the
larger part of the claims OF citizens
of New Mexico and of other sections
of the country, but principally OF New
Mexico
For years bills have been before
Congress to strike out this word
s'amity" from the law and make it re-
troactive, so that all persons having
sustained loss by Indian depredatlonS
could recover, and, also, to make all
depredations recoverable from the
time the United States became the
sovereign power in New Mexico. The
friends Of this bill, although they have
fought for it fiercely for ten years last
past have never managed to get 1t
through both houses OF Congress,
such is the violent opposition to the
amendment requested.
This session of Congress Delegate
Rodey Of New Mexico, was made
member of the committee on Indian af-
fairs. and he worked up such sentl-
ment in the committee in favor OF 1t,
that it's chances are very good to be
forced through this session. Several
lawyers in Washington, particularly
Mr.. Robson, have appeared before the
committee and made lengthy and able
arguments in favor of the amend
ment The governments attorneys are
to appear during the coming weeks IN
opposition to it. Delegate Rodey has
asked leave of the committee to make
formal legal argument for the 'lli'
and to state to the committee his ex-
tensiye personal knowledge of the con
ditions in the Territory of New Mexl.
co with reference to these deprcda'
tions. and to make a legal argument
upon the responsibility and mo al
duty of the government to pay for IN
dian depredations in all cases, no mat
ter whether the Indians were IN 1ac'
in amity or at war, they being mere
wards of the government, and the gov
ernment owing the duty OF protectlor
to its citizens.
The outcome will be watched II
New Mexico with interest as many GU
izens are largely concerned IN the re
suit.
Sill to Authorize Sale Of Fort Marcy
Reservation.
Mr.. Rodey introduced the followinf
bill in the House of Representatives
on March 21, 1904, which was referre
to the committee on the territories aus
ordered to be printed:
A bill to enable the board of education
of Santa Fe, New Mexico, to sell por
tions of the Fort Marcy Reservation
in that city.
whereas the President of the I'M
ted States, by his proclamation Q
January fifth, nineteen hundred an
four withdrew from sale, entry, or otf
az disposition the lands embrace
within the former Fort Marcy Reservs
lion amounting to seventeen and ont
half acres. and granted the same fo
public use to the Incorporated iowa
santa Fe, New Mexico; and
whereas, it was recited In said pro-
1anation that an agreement had bee
entered into between said city OF Sal
IA Fe and the board OF education
said city, by which the said reserv
tion should be turned over by said cit
to said board of education for the us
and benefit of the public schools
said city; and
whereas said city has SO turned Q
.er all Of said reservation to said boal
Of education, by its deed, duly execu
ed and delivered. and said board is
full possession and control OF Il
same; and
Whereas the said reservation is
Gated in the central part of said ci