Nogales international., 1934-02-24
Jeopardizing Arizona Titles

zona are Justly aroused over an attempt being made
to induce congress its present session to recognize
claims that are being advanced on behalf OF the "a
pago Indians to fee simple title, anedating 1888 to
2305272 acres of land in region bounded ny the
Colorado river the Ga river the Mexican border and
the Santa Cruz valley
The enterprise, which a small group Of attorneys
has in hand was initiated under the preteXt OF help
ing sem-nomadic Indian tribe in the area Apparent
w. the move has the approval Of the secretary OF the
interior since the department OF the interior has al
lowed the attorneys to make contract with the IN
dians to represent them before congress, or III the
courts as their tribal attorneys. Under the contract
the lawyers are to get 10 per cent of lands or an
equivalent value in cash. if congress vests title i'll the
Indians.
The area Immediately involved amounts to 2,305,
272 acres, but if the attorneys successful i'll secu
ing title to the Indians for this area it regarded as
certain that this case will be considered test case,
and attempt will be made to title to Indians
in 100000 acres in Southwestern Arizona, region
embracing many cities and towns, improved farms
and other valuable property held by white people. In
short, it appears that attempt is underway to in
validate the title to virtually all real property and
mineral claims in large part Of the State Of Arizona
If congress should accede to the demands of the
legal representatives Of the Indians in this case,
precedent would be set which might Lead to placing
in jeopardy the titles to much of the land in South
western States where Indian reservations are located
Claims might be filed, in the of Indian tribes
to certain lands in Texas
oughy the proposal to vest title of Arizona lands in
the Papago Indian tribe before they vote it. This
measure affects vitality the interests of thousands of
white property owners residing in Arizona and Of
residents of other States who have invested in Arizona
properties.
Those opposing the title measure to be presented
to congress apparently have strong case It is diff
cult to where the Indian attorneys have any real
basis for the claims they setting UP. The history
of the lands in question seems clearly to preclude any
Of fho Tp1o
or legal claims to the lands in the reservation Mem
bers of congress will surely be convinced of that fact
if they will go into that history.
In 1917 President Wilson, by executive ORDER es-
tabhshed the Papago Indian reservation, embracing
of ,365 272 Of land in Arizona and the
order later was enacted into law by congress- It was
expressly stipulated in the order that the mineral
lands in the reservation to be left open loca
ton and entry with subsequent patent under the min
ing laws OF the United States. This clause in
serted in the executive order by President Wilson af
ter conferences with officials Of the State of Arizona
and was the result of an agreement with them. The
action of the secretary of the interior in withdrawing
the mineral lands from entry is an open violation of
an agreement the Federal government had with Of
flcials OF the State government of Arizona.
Under the laws of Spain title to mineral lands
mines, etc., was vested in the crown. When Mexico
separated from Spain such titles became vested in
The Mexican government. When the United States ac-
quired Arizona from Mexico all titles in mineral lands
and mines that were vested in the Mexican govern
ment passed to the United States government 1t was
stipulated in the Gadsden treaty, by which Arizona
was acquired from Mexico, that the United States
would recognize no claims to property in Arizona
that We're not supported by documentary titles on
file in the archives Of Mexico The Papago Indians.
which have always been nomads, have no title to
lands or minerals recorded in the archives of Mexico
Obviously it is absurd to talk of restoring title to
them when there is no record anywhere of their ever
having had any title
President Wilson created the reservation for
them that they might have protected place in which
to Craze their live stock No title to either surface or
minerals given them They were to be permitted
to the lands, but had no power to convey them to