Albuquerque morning journal., 1922-11-26

SldAlIlSi TeBdluleSS OIL Inelf TlRnL 10
do so as a matter of law and
and equity.
Senator Bursum in his statement
in your columns says THE bill
would rest title with the Indians
to all of the lands except those the
settler may prove his right to
hold" This is a remarkable state
ment for the reason that under the
provisions of the bill the claims
of the settlers whether bona fide
or fraudulent would all be con-
firmed against the Indians in
whom the original legal title was
and is vested, so that what is left
to the Indians they have always
had and now have and should in
the future have as a matter of law
without the necessity OF any such
measure as the BurSum bill Again
Senator Bursum says: Nothing
could be farther from the truth
than the statement that the bill
would take away a sing.e right OF
the Indians" The fact is that the
bill deprives the Indian of one Of
the most fundamental rights en-
joyed by the American citizen, TO-
wit, the right to be heard in court
to defeat unlawful attempts to de-
prive him of property rights.
There are many other provisions
of the bill equally unjust to the IN
dian and fundamentally luxurious
to the settler, but neither my time
nor your space will permit of any
extended discussion. 1t is suffi-
cient to point out that the fenator
has wandered into inaccuracy and
even into the realms of fiction in
his statement appearing in your
columns.
Also, it is appropriate at this
juncture to point out that the day
he made the statement, the senate
reconsidered its favorable action
taken on September IL on Senator
BurSums measure and recalled IL.
You can be certain that such an
unusual step would not have been
taken unless the senate was con-
vinced that the bill was unfair and
unjust not only as matter of
equity to the Indians but as a mat
ter of law.
Those who have interested them
selves in the defeat of this bill will
not be satisfied solely with its de.
struction, but. will insist that con-
structive legislation which will be
fair to both Indians and the set
tiers, shall be passed by congress
to relieve the situation. A measure
has been drafted which we believe
will produce that very desirable
result and it will carry an appro-
priation under the reimbursable
act of an amount sufficient to
drain the waterlogged lands
of San Felipe, Gandia, Santa
appropriation large enough to in
sure the actual construction of per-
manent headgates, nighttime ditch
es, and some preliminary work on
irrigation projects for the North
ern Pueblos. Our theory upon this
feature of the matter is that since
1S4S the failure of the government
to perform the duty laid upon it by
the constitution and by the con-
struction of that fundamental law
by the supreme court of the Unit
ed States in Indian matters, has
occasioned the losses to the Indians
of water and land and the acquir-
ing of those water and lands by
non-Indian settlers who in good
faith in many instances have occu-
pied and assumed ownership over
them. In order that the govern
ment may rectify the evil results
to both Indian and settler, of its
inaction, it is now its duty to full
fill it's obligations by q constructive
work which will furnish both the
Indians and settlers all the water
they need and will increase the
value of the lands of the Indians
many fold. As to those lands
which the Indians will not be able
to cultivate but which will be made
available for cultivation by the
projects mentioned, they can he
leased or otherwise handled by the
government for the benefit of the
Indians themselves. The proposed
measure is constructive, therefore,
because it enables the government
to fulfill its obligations and Guties
to these Indians and at the same
time since it will be done under
the reimbursable plan permits that
to be accomplished
without ultimate cost to the tax
payers.
The closing paragraph Of Sena-
tor Bursum's statement is to the
following effect: ~ for one would
be glad to support bill, il the con-
ditions would justify it at the eX-
pense Of the government, in order
to see that the Indian is taken care
of as long as he lives" The Pu-
eblo Indian has never asked and
is not asking to be taken care OF
by the government, but ne IS ask
ing that he be given facilities by
virtue of which he can Support
himself without cost to the gov
ernment. This he is demanding as
q right and not a favor because he
has in many instances lost those
facilities on account of the fell
ure OF the government to protect
him against the misrepresentation
Of his water and his land which are
his sole means of support. In
view Of the promise of Senator
Bursum contained in the para
graph quoted, we assume that he
will give his hearty support to. the
substitute measure which
asks for nothing for the Indian
from the government which will
cost the taxpayer a penny, but
which will enable him to perpGtu-
ate his name and race for all time
and to work out his destiny in the
future as a thrifty member of our
community. He. asks
for justice and square deal and II
he is given both he will .guaran-
tee the results.
I respectfully ask that you print
this letter in full for the reason
that the questions involved have a
tremendously important bearing
not only upon the future Of the
Pueblo indians, but also because it
so vitality affects the future Of New
Mexico in which every citizen of
the state is interested.
Your very truly,
FRANCIS P. WILSON.
Pueblo of Isleta. n. M.
Editor Morning Journal,