Arizona republican., 1905-01-22

have since had them in their care, custody and control.
 The agent, Swayne and the priest cn the night of October 2nd. returned with Dunagan and Simpson to Clifton. arriving there in the early morning. Citizens. to the number of two or three hundred had assembled and were waiting for their return. At this meet ing much excitement was manifested. but no act of violence was done at that or any other time; some threats, however, of a general character were made by certain persons against the agent, Swayne. Both Swayne and the priest made a statement of their posi- ton at this meeting. SWayna at that time was apprehensive that he might receive bodily harm. In his statement at the meeting he said that the chi. . dren were placed temporarily in charge of the people to whom they had been consigned, but the understanding was that the sisters were to remain for a matter of two or three weeks, and if it were found by then. that any of tho children were placed in improper homes they would be taken from such homes and replaced. He protested
 
 the American residents. and neither. by his consent nor that of the sisters were the children either taken from the homes in which they lad bee 7 placed or given to the respondents. On the next day other meetings were he!i, at which both the priest and Swayr 9 were present. The Clifton children were not given up to the sisters or the agent by the people who had taken them in charge, for the reason that they feared if so returned inc children might be again placed in equally un- fit homes Of MexIcan-Indians eise- where.
 In Morerci, after the distribution Of the children and after the fact had be- come known. the same indignation was aroused among the American citizens and much the same course was pur- sued as in Clifton. MT. Mills, m con- pany with them, called upon the sis ters and upon agent Swayna, and re- monstrated with them against permit ting the children to remain with the people to whom they had been 6istrib- uted. As q result of these remCn- strances and a statement by Mir Mills that the American residents of Nor enci would not suffer the children so to remain, the priest and the agent. Swayne, visited the homes of the Mex ioans having the children and obtain- d a surrender of them and brought tEem to the hotel; and these children. with the exception of three. who were turned over IL the request of Dunagan :" be distributed among American res idetns, were subsequently, taken Jack by the sisters and tke agent to the east, and th"-C placed in homes. If is shown by the testimony of Sis7er Anna and the agent Swayne, that they would not lave given the three Mor- enci children 10 Dunagan exe.aT, that they then believed that the people of MOrenci would not permIt any of the children to he taken away by tn m.
 It is clearly established by the proof Tn the case, and it is not disputed, that each of the respondents is a fit and proper person to have the care. GUS tody and control of the children; that they are people of sufficient means properly to care for and edu- cate the children, and that they are fit persons, by reason of their character. standing, and age, to have and main tain such care. custody and control; that without exception they have be- come attached to the children and the children have become attached to them and that each desires to retain the par ticu!ar child which he has. in order that he may rear the same as one of his own household.
 On the 16th of October, applications were made by the respondents to the probate court of Graham county. Arf- zona, for letters of guardianship of the person of the child which each DOS sessed; hearings were had, at which this petitioner was represented dby counsel and in each instance letters Of guardianship were granted in ac- cordance with said application, and each of said respondents duly qualified as such guardian. Thereupon this De- tittcner took an appeal from the crder granting said letters of guardianship in each case to the district court of Graham county. Pending said appeals these petitions were filed, and in re- sponse to the writs the children were brought before this court.