Albuquerque morning journal., 1922-12-11
BURSUM SAYS He DIDN'T
MlSLEAD U. S. SENATE
REGARDING INDIAN BILL
Continued from Page One.

lters are specifically protected in
lthe bill. However. in this connec-
ton il might be truthfully said
that if it is the purpose TO preserve
for all time the primitive Indian,
then all Of the colleges and schools
which the government IS providing
/ for the Indian youth would seem
to be wasted. 1t seems a little in
consistent to turn out college grad
mates among the Indian youth and
tstill preserve the primitive Indian
Of centuries ago.
Criticism has been made OF this
| bill that it would entail great eX-
lpense to the settler. ] call atten-
tion to Section . wherein II is pro-
vided that all service shall be made
! free Of cost to the litigants, / call
attention to Section II which states:
"That all proceedings under this
act in the said district court shall
be without cost to the parties
1 call attention to Section 13 where
| by the government provides some
person learned In the law who shall
be named and designated by the
attorney general of the United
States with such assistants, legal
and clerical, who will defend the
rights of the Pueblo Indians. l
call attention to Section 10 which
guarantees to the Indian his ac-
quired rights to the use and bene-
fit of any waters.
Very truly yours.
! H. o. BURSUM.
The Congressional Record, Sep
tember II, shows that the bill was
discussed as follows:
The President pro tempore.
| Fifty-two senators have answered
TO their names. There is a quorum
present.
- Mr.. Bursum. From the commit
tee on public lands and surveys, !
report back favorably without
amendment the bill (S. $3.50 to as
certain and settle land claims of
persons not Indians within Pueblo
Indian land, land grants, and res
ervations in the State Of New Mex
leo, and l submit report (No.
909) thereon. ask unanimous
consent for the immediate consid-
Grafton of the bill.
The President pro tempore. Is
there objection to the present con-
sideration of the bill?
I Mr.. Robi: SON.. / inquire Of the
senator from New Mexico If the
bill is now on the calendar?
Mr.. Bursum. 1t is not on the
calendar.
Mr.. Robinson. The bill has just
been reported from the Commit
tee?
Mr.. Bursum. Yes.
Mr.. Robinson. VIII the senator
from New Mexico make u brief
statement as to it's purpose? 1t is
impossible to understand the bill,
by hearing the title read.
Mr.. Bursum. / will make q
statement covering the object and
! purpose of the bill. ! will first
say that the reason for urgency in
the consideration of the bill is that
titles to about 5000 homes in New
Mexico which are situated upor
land grants which We're made by
Spain in the seventeenth century
are in question. The controversy
, is one which has gone on in New
Mexico for great number o
years. The controversy arose OF
, account of lands which were locat
ed on grants originally made bS
Spain in 1745. Thos grants were
what were called pueblo or towI
grants. Upon those pucblos OF
town grants were residing Indians
and non-Indians. Those people
have lived upon those grants fol
all these years. A few years age
the government brought q sui
against a party by the name o
Sandoval. In that case there in
directly came up the question o
the Relationship between the gov
ernment and the Indian, and th'
legality of the title to those lands
was threatened. An investigation
was made by an agent Of the inter
ior department and Of the depart
ment of Justice. They investigated
the whole question from the stand
. point of the government, from th'
| standpoint of the Indians, and from
the standpoint of the settlers. Fin
! ally the attorneys for the settlers
and the attorneys for the govern
} ment met and conferred, and hear
: ings were held before the commits
sioner Of Indian affairs and ais,
before the secretary OF the interior
A bill was agreed upon yestini
Jurisdiction in the federal court o
the State of New Mexico to hea
and determine the questions in con
troversy, and providing a remed,
whereby title might be quieted t
settlers occupying lands on tn
various grants.
Mr.. Robinson. Is the bill t.
which the senator from New Mex
leo now refers the one which n
has just reported to the senate AM
for which he asked immediate con
sideration?
Mr.. Bursum. The bill which
have reported is actly the on
g to which ! have referred as havinl
3 been agreed to by the parties II
interest.
Mr.. Robinson. Are suits nov
. pending affecting the title to tn
lands in question?
Mr.. Bursum. There were sucl
suits started. but by mutual con
sent it has been agreed to defe
. them until the passage Of this pro
: posed legislation.
, Mr.. Robinson. Is the report o
! the committee unanimous?
: Mr.. Bursum. The report /
: unanimous,
|, Mr.. Robinson. And it is rec
/ commended by the interior depart
: ment?
= Mr.. Bursum. It is recommends
c by the interior department and b.
r the commissioner on Indian affairs
and also is agreed TO by the partie
2 to the controversy.
Mr.. Borah. How much land
: involved in this controversy?
: Mr.. Bursum. There are abou
5000 settlers on the land the It'll
! Of which Is involved, and the var
ious tracts range from two acre
!, all the way up to 100 acres or NOR
s in some instances. The specifi
basis upon which it is now propos
cd tba+ title NAV be ouieted Is tina