The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-07-26

'Ah' tNcUlpi ttCrNiu n bpcn
asked 10 reprint he following article
on the Pueblo Indians ana their
lands, which was originally printed
In The issue of February 20. 1913. In
view Of the present taxation situation
T. Is especially apt ut this tlme.)
Editor Albuquerque Evening Herald:
D-.- sir; several letters have re.
Gently appeared In the papers OF this
and eastern states In regard To the
Pueblos OF Now Mexico desiring to
deed sosnc Too. GOO acres OF the rich
est and mus, Productive land within
this state TO ne federal government
In trust, With the Interior motive 81.
eyading AVIATION and making the gov
eminent a party Hereto. The whole
proposition would appear unworthy
OF notice were Il not for tho fact that
those In high Positions who should
know better spem To be treating the
matter In al serlousnoss, and from
the COMMUNICATION appearing In the
press Il would seem that this plan
has been Inspired by the Interior de-
partment and les snbordiaatcs DEEPEN
dent on salaries derived from this
source. To their demands for rca-
sons why this plan does not meet with
the approval of our legislature and
the people OF this state and be put
into effect. the answer ~ simple
enough. namely. that before such
plan could be carried out Article "
Of the constitution OF tho United
states would FIRST have TO be amend
ed. which guarantees equal rights.
privileges and immunitios 20 every
citizen NJ all the states.
And fnasmuch as these Puebios are
full-fiedged cltiaons. every Other citi-
zen OF the United States would be en-
titled to equal rights, privileges and
~immupities ns guaranteed By Article
" Of the constitution aforesaid.
which II put IN general practice would
leave the govet hmcnt and state
without revenue TO conduct lis busi-
ness.
Now In regard 10 the status Of Pu-
onlos as citizens OF the United States,
the decisions OF our courts are based
on the following facts:
FORMULATION OF tho Royal Decree
as Cndiz, March n. 1871. wherein an
pucblos Gndiansl were declared citi-
zens OF Spain IN tho western hcml-
sphere. equal In an rights 10 the
Spaniardn in the eastern hemisphere.
Also royal order OF January H..
1921. entitled General Notice No. IS.
Treaty Of Equals. Spain and Mex
leo, 1S2i-1S23. AZ per above.
Ratification OF above by Mexican
congress. opinion of supreme court
of Mexico. Chief Justice Pcla y
Pena presiding. See report OF secre-
tary Of interior 10 T%hirty-nrst con
gress. January 80, 1851.
Treaty Of Guadalupe Hidalgo. Feb
ruary. lSfS. between the United
states and Mexico. guaranteeing fun
citizenship Of the Unitcd States to an
citizens of Mexico. within the coded
territory.
Article VI ~ tho constitution OF
The United states. which guarantees
that treaties shall be the supreme law
of the land and shall be binding ON
all she Judges or every state.
The decisions 81 the supreme court
of the United states. % U. s.. els, ana
long list Of decisions 80 re above.
Now IN regard 10 the criticism Of
the Legislature OF this state IN pass
Ing house Joint resolution 40. -, In
alleged violation OF compact with the
United states on our admission into
The union as "a sovereign state, pro-
vidinE that Pueblo lands should not
he taxed by this state as provided
hy onrrosgi IN eur enabling act. New
Mexico Co. q sovereign state has a
perfect right 10 take his step as con-
grcss had NJ right or authority to.
Impose any such conditions, as the.
only authority vested in congress uu-
der the constitution is 60 open the
doors Of congress to the new member
coming into the union. and see that
IL adopts "a constitution republican IN
form ana in conformity with tho con
gtitutiou 81 the United States. Con
gicss has mo- right to Impose condi-
tons on the now member emcrging
from its wnrdship ana coming into.
the union that VIII have for lte pur-
pose the shcaring Of the ncW mem
hcr OF It's rights and privileges as a