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Show REPORT OF THE COMJIISSIONER OF INDIAN AFFAIRS. XXIX in such cases, but apparelitly in good faith, the company constructed itsroad upon thereserve mithout procuring the necessary legal anthority. As soon as the facts mere definitely ascertained in this office they were reported to the department for instructions, and on the 13th March last your predecessor directed that a formal agreement embodying the terms theretofore agreed upon between the railroad comyany and the Indians should be obtained and submitted to the department for approval and translnissio~to~ Congress for ratitication. Such agreement was acwril-ingly prepared and executed by a majority of the Indians interested and the railroad company, under date of 9th August last, and will in due wnrse be submittedfor your approval, and wtitication at the next session of Oougress. Xew Mmico and Southern Pacijtc Railway Cofizpany-Pueblos of New iVe&oo.-The New Mexico and Southern PaciticR+ilway Company, fail-ing to come to terms with the Indians of the pueblo Santo Domingo, for a right of way across t,heirland grant, and forlands sufficientfora division station thereon, has commenced proceedings in the Territorial courts to obtain title under the provisions of the general incorporation act relating to railroads in the Territory of New Mexico, Febroary 2, 1878. The Pneblo Indians of New Mexico stand on a plane different from that of ordinary Indians. They are not Indian tribes within tbe meaning of the acts of Congress prohibiting settlement by any person on laud belonging, secured, or granted by treaty with the United States to any Indian tribe; but they are held to have a complete titte to their lands and their rights may be maintained under the Territorial laws of New Mexico (U. S. us. Joseph, 4 Otto, 614). By these laws the several tribes of Pneblo Indians are incorporated bodies politic and corporate, with power to sue and be sued in any court of law or equity in respect of any claim to lands occupied or claimed contrary to law by any person whatsover, and to resist any encroachment or trespass thereon. In April, 1881, complaint having been made by the local agent that the railway company had established a division station named :'Wal-lace" upon the lands of the pueblo Santo Domingo for the acwmmoda-tion of its emplo,loy6s, to which numerous settlers were flocking, opening up trading establishments, whisky saloons, &c., against the wishes of the Indians, the United States attorney for the district of New Mexiw was, at the request of t.his department, direeted by the Hon. Attorney- General to co operate with the agent for the protection of the Indians, and to act as their att,orney in cases where it might become necessary to apply to the wurts for their relief, or where their interests were in jeopardy. The Indians having positively refused to sell any portion of their landtl for a town site at Wallace, and the settlers being equally determined to remain, proceedings for their removal have been insti-tuted under the direction of the United States attorney as the attorney for the Indians. In like manner he has been requested by the agent to protect the i~~teresotfs the Indians in the proceedings by the company .to appraise the value of the lands taken for right of way. |
