The sun., 1919-09-14
Prolonged Litigation Reveals Many
Romantic Phases of Case Involving
100000 Acres in Arizona Rep
resenting Potential Wealth EST
mated to Exceed $2OO,0O0.000-
Claimants Descend From Aztecs

dable character OF the suit. This move.
however, according to the legal au-
thorities, will be without effect on the
title to the lands In the event the final
decision affirms the claims Of the
Papagos.
The decision which now brings the
case into the arena of the Supreme
Court of the District of Columbia was
handed down in the Supreme Court OF
the United States on March 5, 1919,
seventy-one years following the sign
ing of the Treaty of Guadalupe
Hidalgo, by which the claims Of the
Papagos was admitted to be binding
upon the United States. The opinion
was delivered by Justice Van Devan-
ter, who held in substance that while
the Papagos have every right to main
tain a suit the decision of the lower
court in granting a perpetual injunc-
ton had prevented the Government
from fully meeting the issues.
The case was remanded back to the
District Supreme Court, in which Sec
rotary Lanes answer was filed several
weeks ago. 1t contained the remark
able statement that not only have the
Papagos no pueblo or village in the
region claimed. but that the so-called
Pueblo of Santa Rosa" is a myth"
Through Cato Sells, Commissioner Of
Indian Affairs. Secretary Lane added
this statement:
"All the lands practically are within
the Papago Indian Reservation, COM
posed roughly of $500, 900 acres. Some
of the land claimed is said TO be under
the city of Tucson. The Government
asks that the whole proceedings be
dismissed"
This sort of a settlement, however
is not possible under the decision of
Justice Van Devanter, who said
"Our conclusion is that the DEGREES
of both courts below should be re-
versed and the cause remanded to the
court of first instance, with directions
TO overrule the motion to dismiss, to
afford the defendants an opportunity
to answer the bill, to grant an order
restraining them from In any wise Of
ferlng, listing or disposing Of any of
the lands in question pending the final
decree"
Answering the Indian Commission
er's statement as to the alleged myth
ical" character of the Pueblo Of Santa
Rosa, Miss Hunter has this to say:
"Not only does the Pueblo of Santa
Rosa exist, but II has existed since
the time OF the discovery and conquest
! OF the Western World by Spain. His
tory shows this and the Department
of the Interior knows it to be so. Any
| etc n DC
roneous."
! other Interesting Phases.
This feature of the litigation, how
ever, is but one of the numerous An
terestlng phases TO be developed al
I the coming trial on the issue of tbs
facts as they relate TO Col. Hunters
associated with the Papagos. AS the
story unravels it will tell how this dis.
tinguished army officer, educated ir
the law, a polished man of the worlt
and a social favorite in his day, turned
his back on the East, gave thirty
years OF his busy career to the pueblo
affairs OF these primitive Arizonans
and stood always between them anC
the encroachments of the white cattle
men, never hesitating to risk his owl
safety when he could prevent injus
tice to his Papago friends, His rela
tons to these people were more init
mate and vital than any white maj
had ever known.
To him, Miss Hunter says, they wer'
rot merely interesting biological
curiosities." destined to pass ava!
with the march of progress and time
but in his eyes they were "citizen
of the United States" entitled to I
distinctive position ir the makeup o
the nation. q
He delved deeply into the history o