Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-21
Mr.. Renehan,. statement.


Attorney A. y. Renehan wh1 Is IN
Albuquerque aad Nhc argl.d tiis
case before Judge Pope, muee a state
mont last night giving some interest
ing Information about Il. Nc. Rene
han says:
The Information conveyed by the
Associated Press as To the scope OF
the decision Is too meagre FOR % com
elusive judgment In respect To It's sig
nihcancc. but there Is enough in IL 10
justify some deductions and infer
ences which viii probably prove cor
rect, The enabling act contained "a
provision that the congress OF the
United states retained jurisdiction of
The Pueblos ana their lands for "a
stated period. and further provl-
sion that the Pueblo lands should be
considered as Indian country within
the meaning OF the acts OF congress
preventing the Introduction Of lntoxi-
eating liquors into such country.
Felipe snadoval was indicted on
the charge of having n bottle OF wine
In HIS pocket within the grant known
as the Santa clara pueblo. A domur-
70 was interposed 10 the effect that
congress had not the power within
the scope Of the federal constitution
Co annex such conditions precedent To
tho admission Of New Mexico as "a
state, and that the state constitution
perforce adopting such conditions was
/ tho result of coercion ana for both
reasons abortiYe. II VIII thus be
seen that tho demurrer involved the
/ huge task Of setting aside both an act
/ OF congress and the act of the consti-
tutiOnal convention and the people of
this state. Judge Pope sustained the
contention Of the defendant as IL was
presented by the demurrer supple
mcnted by a stipulation 10 the erect
that the Pueblo grant of Santa Clara
was such land as the enabling act and
the state constitution intended TO dus-
! ignate as "Indiun country
"rhe opinion of the federal SUI
prome court. as reported IN the dis
patches, merely holds that the Pueblo
Indians are wards Of tho general gov
| eminent. ~ Is uncomfortable that the
conclusion Is reached IN a dictatorial
O rarbltrary manner or that the court
ad1udges that the personal liberties
OF these Indians are merely abridged
for that would indicate that the con-
troll OF the Indians Is vested partly in
the general and partly la the state
government Il IL more reasonable "a
believe that tho court declares that
the Pueblo Indian lands and the go
Ing and coming OF the Indians them
selves remain within the control OF
congress. As a corollary Il follows
that non-Indians and their lands In
side tho Pueblo grants. their c0ming'
ana their gOings, 40 no part Of "a,
state OF New Mexico. This state ha'
nothing 90 DO with them. Congress
u their master The federal courts
win be their Judges. II this inference
as to the purport OF the Judgment o.
tho supreme court 10 horne out by th'
fact. then some several thousand Mex
lean and American citizens rcsidinl
within Pueblo grants. have been dis
franchlaed 90 make wards 81 indian
who have been citizens under th'
spanish, the Mexlcan and the AMER
lean territorial governments. II
Santa no county alone. the villages %
Tesuque. Poloake, san ildefonzo, San
| n Cirz. and a part Of Santa clara
pass out OF the state government an'
under tho coniol Of she federal powe
MOI less than two thousand non
| indian citizens. In rio Arrlha count,
the like condition affects tho towns q
Espanola. Chamlta, san Juan, Al