Albuquerque morning journal., 1922-12-11

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United States Senate, Committee
on Pensions, December G, 1922
Editor of The Journal,
Albuquerque, New Mexico.
My Dear Sir;-My attention ha!
been called to a communication
published in your paper of few
days ago signed by Francis i
Wilson.
l notice that Mr.. Wilson con,
voniently quoted only a portion
OF my statements which appeared
in the Congressional Record. i
appears from the statement oi
Mr.. Wilson that he intends Il
convey the impression that l mis-
led the senate, The most reliable
source OF information that ! Know
ue in this regard is the Congress
sional Record itself. This bill
was taken up on September Ii
1922. / herewith enclose a copy
OF the Record including a copy
Of the bill which shows all ol
the proceedings. / will ask yol
10 publish the same for the in.
formation of those who may bt
interested so that the public mas
be in position to form its owl
conclusion based upon the actua
record.
You will note that the Record
discloses that | stated that titles
TO about 5000 homes in New
Mexico would be affected: tha,
the controversy arose on account
OF lands which were located OF
grants originally made by Spair
in 1745. You will note that
made tho statement that an in.
vestigation was made by al
agent of the Indian department
and of the department of justice;
. that the whole question was in.
vestigated from the standpoiflt
OF the government, from thG
from the standpoint of the set.
tiers: that bill was agreed upor
by the parties Yesting jurisdiction
with the federal ceurt of tbs
state of New Mexico providing a
remedy whereby title might be
quieted to settlers occupying lands
on the several grants
You will further note that
made the statement that suits had
been started but by mutual con.
sent had been deferred pending
proposed legislation. You will
also note that / made the state
ment that this bill was recor.-
mended by the Interior depart.
ment and by the commissioner OF
Indian affairs. You will note in
my answer to the query Of Sen-
ator Borah, which was not quoted
by Mr.. Wilson, that 5000 ttlers
were involved: that tho various
tracts of lard ranged from two
acres up to one hundred acres or
more in some instances; that the
specific basis upon which it is
now proposed that title may be
quieted is that recognition be
given. TO titles granted by au-
thorities under the Spanish gov
crnment, and also by authorities
under the Mexican government,
and also as q result Of peaceahle
possession for twenty years; also
that in certain instances where
the court may find peaceabla
possession TO the use of the land
and improvements the court may
provide that such lands shall lie
appraised and their value ascer-
tanned, aud in such cases pay
iHent shall pe rlade to the IN.
diaus.
You will note my answer to SEN
ator Borah with reference to bring
ing suits, after the bin shall have
heeu passed suit must be brought
by the settlers to quiet title" Fur
ther answering another question oi
Senator Borah. mo title will be
quieted by virtue of the passage
Of the bill. 1t will merely afford
the machinery through which these
titles may he quleted." Further
on, Mr.. Borah asked the following:
ut Is merely, then, an act to ena-
hte the parties interested to bring
suit?" Mr.. Bursum: Exactly So"
MIR. Borah: "Ard it establishes the
rules by which suits may be main
talned?" Mr.. Bursum: IT propos-
es to establish the rules, and tho
rules will be as stated with refer
once TO the rights of the settlers"
This last question and answer was
conveniently left out by Mr.. Will
son? What is meant by the rules?
What could be meant by my an
swer? The conditions upon
which a settler would be entitled
TO maintain his suit, and no one
knows this better than Mr.. Wilson.
What are those conditions as dis
closed by my statement as it APP
pears in the Congressional Record,
and also as 1t appears in the Bill