“ Certainly it would not justify the defendants in treating the lands of these Indians-to which, according to the bill, they have a complete and perfect title-as public lands of the United States and disposing of the same under the public land laws. That would not be an exercise of guardianship, but an act of confiscation. Besides, the Indians are not here seeking to establish any power or capacity in themselves to dispose of the lands, but only to prevent a threatened disposal by administrative officers in disregard of their full ownership. ”

“ One, that the plaintiff is not a legal entity and has no capacity to maintain the suit; and the other, that in any event, the defendant should not be subjected to a permanent injunction without according them an opportunity to answer the bill.
The plaintiff is an Indian town whose inhabitants are a simple and uninformed people, measurably civilized and industrious, living in substantial houses and engaged in agricultural and pastoral pursuits. Its existence, practically as it is to-day, can be traced back through the period of Mexican rule into that of the Spanish kings. ”

“ But our decision need not be put on that ground for there is another which arises out of our own laws and is in itself sufficient. After the Gadsden Treaty Congress made that region part of the territory of New Mexico and subjected it to 'all the laws' of that territory. ”