The ownership changed until it came into the hands of a well-known California capitalist. He was not interested in Indians, had no particular sympathy with or for them, and did not see why they should remain on his land. Several times he vigorously intimated that he wanted them to "clear off," he needed the land, and especially he needed the hot springs. There was a strongly expressed desire that a health and pleasure resort be established at this charming place, but, of course, it was impossible so long as the Indians were there. Each time removal was intimated to the Indians they laughed—as children laugh if you tell them you are going to buy them from their parents. Had they not lived here long before a white man had ever set foot on the continent? Were they not born here, raised, married, had their children, died and were buried here for centuries? Had not Spaniards, Mexicans, and even General Kearny assured them they were secure in their possession? Of course they laughed! Who wouldn't?
But the owner of the land grew tired of their smiles. He wanted the place, so his lawyers ordered the Indians to vacate, and the papers were served in such manner that even the childlike aborigines were compelled to realize that something serious was going to happen. But that they should be compelled to leave! Ah, impossible! No one possibly could be so cruel and wicked as that.
The courts were appealed to, and finally the State Supreme Court decided against the Indians, by a vote of four to three—a decision so contrary to the spirit of honor and justice that it aids in making anarchists and revolutionists of good and law-abiding men. Confident in the right of the Indians' cause their faithful friends took the case up to the United States Supreme Court, and again, this time purely on the plea of precedent—that it was contrary to rule for the United States Supreme Court to interfere in any case that was purely domestic to one State—the judgment ousting the Indians was confirmed.
Things now began to look serious. Some of the Indians were crushed by the decision, others were ugly and wanted to fight. Various people of various temperaments interfered, and each one denounced the others as trouble-makers and brewers of mischief. Council after council was held, and at each one the Indians stedfastly refused to leave their homes.
In the meantime, realizing that the suit for eviction most probably would go against the Indians, certain societies and individuals, prompted by their interest in them and by their inherent sense of justice, appealed to Congress to find a new home for these people if they were dispossessed.
For the first time in its history, Congress voted $100,000 to give to these Indians a better home than the one they were to be evicted from. A special inspector was sent out to determine where this new home should be. He reported favorably upon a site, which, however, better informed people in the state, considered altogether unsuitable. Protests immediately were lodged with the Indian Department and as the result a Commission was appointed to investigate conditions, and find the most suitable place to which the Palatinguas could be transferred. This Commission was composed of Charles F. Lummis, Russell C. Allen, and Chas. L. Partridge.
After weeks of careful and patient investigation, criticized on every hand by those who were anxious to sell any kind of an acreage to the Indians, it was finally decided to recommend the purchase of the Pala Valley. Few seemed to see the irony of this decision. The land once had belonged to the Pala Indians. Less than a century before a thousand of them were regular attendants at the little Mission Chapel and devoted friends of Padre Antonio Peyri. Whence had these and their descendants gone? How had they been deprived of their lands? In another chapter I have quoted from Frank J. Polley, how our California laws aided and abetted the spoliators and how Pala unjustly came into the possession of a white man.
Now it must be bought back again. There were 3,500 acres, with a large amount of hilly government land that would be of use for pasturage and that could be added to the full purchased land as a reservation. The Commission claimed, and doubtless believed, there was plenty of water, but it was not long before the supply was found to be so inadequate that something had to be done to add to it. This has been done, as is elsewhere related.
Congress passed the appropriation bill, made the purchase, May 27, 1902, setting the land aside as a permanent reservation. The Indian Department, therefore, ordered the immediate transfer of the Indians from Palatingua, as well as small bands from Puerta de la Cruz, Puerta Chiquita, San José, San Felipe and Mataguaya—tiny settlements on the fringe of Warner's Ranch and who were made parties to the ejectment suit—to Pala.
Serious trouble was feared. Mr. Lummis wired for troops to aid in the removal, although his duties as head of the Commission to choose a home for the Indians gave him no authority to act in the matter. He was thereupon ordered from the ranch, and the work of removal committed to the care of a special agent, as Dr. L. A. Wright, the regular Indian Agent, confessed his inability to cope with the situation. Mrs. Babbitt, for many years the teacher at Warner's Ranch, and other friends of the Indians counselled acquiescence to the law's demand. I was invited both by the Indians and the Indian Commissioner to be present at the removal, but I knew that it would be too much for my equanimity, so I kept away. My friend Grant Wallace, however, was present, and in Out West magazine, for July, 1903, gave the following pathetic account: