Peters v. Pauma School District

WOOD (W. J.), J.,

pro

tem.

Defendants appeal upon the judgment-roll, claiming that the findings do not support the conclusions reached by the trial court. Wesley W

[793]

Peters, a minor Indian child, filed in the superior court a petition for a writ of

mandamus

by which he seeks to compel the defendant School District and the teacher thereof to admit him as a pupil. Among the findings of the trial court are the following:

“That Max Peters, and Wesley W. Peters, are Mission Indians, and live upon the Pauma Grant, originally a large Spanish Grant patented to the Mexican Government in 1844, to Jose Sorreno. That the .patent excepted from the Grant, planting ground for the Indians’ use and benefit, and said patent was confirmed in 1879, by IT. S. Patent, which also excepted planting grounds for the use and benefit of said Indians.

“That in 1899, the Pauma Grant had passed to Francis Mora, who entered into an agreement with the IT. S. Government in the year 1889, defining boundaries of the Indian lands excepted from both patents above referred to, and title to this land was then quit claimed to the IT. S. Government, for the use and benefit of said Mission Indians.

“That Wesley W. Peters, petitioner in this matter, and Max Peters, his father and Guardian

ad Litem,

were both born on land excepted and reserved for the use of the Mission Indians, and lived thereon at the commencement of this action.

“That the Indians living and residing on this excepted and reserved land do not live in tribal relations; that the United States Government has never made treaties of any kind with these Indians, and that said Indians live in the manner of other American citizens in the vicinity.

“That the lands upon which these Indians live is not subject to taxation, and that said lands at all times since 1844 have been and now are vested in the U. S. Government for the use and benefit of the Mission Indians, of which Wesley W. Peters and Max Peters are a part.