The sun., 1919-09-14

their past and brought to light re-
vealing picture Of their progress from
the days of the conquest of Pizarro to
the time the Gadsden Purchase fixed
them under the flag of the United
States. These historical chapters will
furnish the basis for the facts at issue
in the final settlement of the suit.
From the mass of data prepared Dy
Alton Gates, one of Miss Hunters at4"
torneys, this summary of the Papa
COS history was obtained:
THE Papagos are pueblo, or village.
Indians. They lived upon and main
tanned ownership of their lands many
years before the advent of the Span
iards, which occurred in 1913. They
are admitted to be descended from the
most ancient occupants of the Ameri-
can continent of whom we have any
knowledge, speak a language conceded
to be the Aztec tongue, and their ira
ditions extend back to a great an
tiquity Early Spanish explorers found
them cutivating these same lands
The Spaniards also found them dwell
ing in fixed abodes, practising for
NAL religion and governed by perma-
rent laws.
Recognized in the Records.
Numerous special DEGREES and ordi-
nances were placed on record during
Spain's 800 years of sovereignty Q52l
to 1920, recognizing, protecting and
preserving the inhabitants in their es-
tablished usages, customs, villages and
property; and Spain never deviated
from this broad and liberal policy in
the slightest degree. They prohibited =
the church of the Spaniards from en-
croaching upon their lands. or taking
from them their personal property or
the fruits of their labor; gave them
the right to own and operate mines.
and retain revenues therefrom, and
finally in 1911, by a positive decree, the
Spanish Cortes bequeathed civil, mill
tary and ecclesiastical equality upon
the Indians OF Mexico, leaving them as
individuals and communities in fun
and lawful ownership Of their lands.
Thus these Indians, having been made
equal to the Spaniards as free vassals
or citizens, and superior to them as re-
garded titles to their lands, were placed
upon a par with them as eligible to
| office"
The historic treaty of Guadalupe
| Hidalgo in 1S4S, which settled the
| peace conditions eXacted by the United
States after the Mexican war, and the
later Gadsden treaty, by which this
| country acquired what are now the
States of California, New Mexico, Arr
IONA and Utah. contained specific
provisions respecting and safeguard
| Ing the land rights of the Papagos.
This is beyond any dispute,
fact revealed in these famous
documents; and, as Col. Hunters heirs
contend, it must DO respected unless
an agency of the United States Gov
eminent, seeking, as they say, Ito per-
petuate a bureaucratic protectorate
over these Papagos, is permitted to
override the fundamental law of the
land"
The 5000 Papagos occupying these
disputed lands to-day, virtually the
same number that dwelt there at the
time OF the conquest Of Spain, await
the outcome of the pending suit with
a realization that upon it depends their
future right to enjoy the privileges
vested in American citizenship. A
negative verdict will mean that they
will sink back into the obscurlty OF
the traditional Indian Governmental
ward--a condition that suggests to
them a state Of perpetual unrest. An
affirmative verdict, on the other hand,
will remove a thirty year cloud from
the title to nearly 100000 acres and
from half that number sweep aside
barrier that prevents development
which. as the litigants assert, will
bring enrichment TO Arizona beyond
the dreams of this generation Of its
builders