Newspaper Page Text
The Progress. WITJC EARTH, MAT 12, 1888. t* iblished Every Saturday, 3 ihw. iptJon: 2,00 per yr, In Advance, *i^ In the Pobt Office at White Edith, at SECOND-CLASS rates. MENIAL ARMQGAKCE. Indians Employed on the Otter-Tail Rwer Drive Arrested for Being 'Off of the Reservation Imprisoned by the Sheriff and Icept Inder Arrest on Their Way thro' the Reservation to the Agency. On Tuesday afternoon, Sheriff Narcross, of Becker county, brought to this agency eight In- dians whom he had under arrest, charged with being 'off of their reservation without a pass from their agent.' The Indians being released only on their arrival here. These Indians were, at the time of their arrest, in the employ of Charles Morse, driving logs on the Otter-teil river, and were getting |2.00 per day each. This price was 'considered toe low' by some of the white men who had been promised employ- ment by Mr. Morse, but who re- fused to work for the same price that was being paid the Indians Upon the refusal of Mr. Morse ti pay the wages demanded ($2.501 er day) two of the men went tc Detroit and swore out a warrant under the above charge. The sheriff immediately proceed- ed to Otter-tail river where hi took charge of the Indians, wh offered no resistence, brought then to Detroit and placed them in jail where they remained all nighi, and on Tuesday he brought then to this agency. A question now arises regarding the authority for the issueing oi these mandates. Tiie State Law provides that 'if an Indian is trespassing on the lands of a white settler, he shal' be removed therefrom by the sher- iff of the county in which the of- fense is committed.' And thai 'no Indian shall be allowed tc LEAVE his reservation without a passport from the agent.' Bui the law makes no provision re- garding the disposition of an Indi- an when found off of his reserva- tion, and it would seem that the attorney who advised this step, had drawn on his imagination tc 'make up' for what he considered was lacking in the law, and had advised accordingly. I this case the Indians were in fact, CITIZEXS, having complied with the Laws of the State of Minnesota, and were employed in a legtimate business on a PUBLIC HIGHWAY, and were NOT 'tresspass- ing' on the land of any settlers! A nd therefore, the action of the authorities of Becker county was a shameless outrage against the Laws of the country, moral decen- cy and humanity! W do not bJame the sheriff for doing his duty in serving the pro- cess, but we believe that he has laid himself liable in representing to the Indians that 'the warrant for their arrest was issued by the TJ. S, Marshal,' which he did, ac- cording to the statement made by the Indians. A nd furthermore, if the State laws authorised him to bring the Indians to their res- 0*vationj the moment thfey crossed the boundary line of such reser- vation bis dutie* ceased, Instead ^OSS^%^4^^&S^A2> JU te mWWFWJMH myaftgpytg^gy-^ fWMff'i iw/wj of doing this however, he kept them under arrest after he had come into the reservation, and brought them to the agency. This matter should be looked into by the White Earth people, and if the laws have not been complied with, some action should be taken in the matter by them. For if the Indians who are, to all intents and purposes, United States citizen, are not allowed to go outside of a reservation to earn and HONEST luring for themselves and families, or engage in some other legitimate vocation, without being everlastingly subject to the menial arrogance and blunders of unqualified authorities, and that too, on the public highway, it is about time that they should learn, definitely, their rights (if they have any, and we think they have,) and their standing. Communication. The authorities at Washington, as well as the missionaries differ in opinion as to teaching Indians wholly, or in part, in the English language. It is an important question. From a long experience we do not hesitate to advocate the use of the English language exclu sively, as it seems to us the only way to prevent the superstition of his ancestors from following him through life intermingled with the light of Christianity and its con sequent civilization. In India, for many years the missionaries instructed the natives wholly in their own tongues. Bui the question arose, and was keenly debated, whether it was not better to teach the youth of India in the English language. In 1829, a missionary from ScotlandAlex mcler Duffvirtually solved the momentous question. He satisfied himself that English should be substituted for the vernacular not otherwise could European en lightment and the Christian relig ion possess India. In that belief he founded an institution for the training of young men of the bet ter class, and his signal success led to the general adoption of his system. In a few years the Gov ernor-general was able to state that Duff's labors had produced 'unparalleled results." "For fifty years Hindu youth in increasing numbers have received an English education. A revolu tion of extraordinary magnitude has been silently in progress du ring those years, and even now points decisively to the ultimate, although still remote, overthrow of Hindue beliefs and usages." (Mackenzie's 19th Century.) To teach Indian youths partly in their own language and partly in English, perfects them in nei ther. Their own is a barren, un written, changeable language, in teaching which in part, consumes valuable time that should be given to the study of English. The teaching of English only has a tendency to draw them from the religion of their fathers, which was a mere aggregate of fables. There are many small tribes each having a language of its own. Tc unite them upon one reservation, unless they shall be taught wholly in English will not only deter their advancement but make it very difficult. In every way possible thej should be induced to abandon and forget the ways and teachings of the wild man and seek only the ways and teachings of civilized beings. With one hand in that of a missionary and the other in the hand of a pagan, the youth may fall between the two. Many of those from foreign countries who seek homes in this take great pains to have their children taught only in the En glish language. The result is that when grown to manhood, although of various nationalities, they are ONE PEOPLE, all Americans in lan guage, in thought and in man ners. The Indian Right and Wrong ^*"WK hold these truths to be self-evident that AIX MEN are created equal that iyZ^ are endowed by their Creator with unalienable rights thatIudeeag amon these ar LIFE, ANDnTHIS 1T7KSUIT OP HAP- EirLIBERTY, 4th 8 ^&}&&%*&* J$&JH&&! f1s, ^encecerAy Julm f About Indian Land and Timber. Decision rendered by the U. S. Supreme Court. Wallace 19. United States vs Cook. 1st. Timber standing on lands oc cupied by the Indians can not be cut by thein for the pourpose of sale alone: though when it is in their possession having been cut for the purpose of improving the land that is to say, better adapting it to convenient occu pation, mother words, when the tiia ber has been cut inoidently to the im provement, and not fo'* the pom pose of getting and selling it, there is no restriction, on the sale of it. 2nd. The Indians ha\ ing only a right of occupation in the land', the pre sumption is against their authority to cut and sell the timber. Every pur chase from them is charged with no tice of their presumption. To main tain his title it is incumbered on him to shaw that timber was rightfully se veied from the land. 3rd. The United States may main tain an action for unlawfully cutting md carrying away timber from public lands. On certificate of division in opinion between the Judges of the Circuit Court for the Eastern DMiict of Wis ^onsin. The Menomonee Indians by agree nent and treaty, negotiated on the Stli. and 17th. of February, 1831. set pait and ceded to the United States eitam of their lands in Wisconsin a' i home toi such of Xew Yoik Indian^ is might remove to and settle tpoi iiem. As the lands ere intended toi a home foi the New Yoik Indians, twas provided tint the Piesident hould prescribed the time for the ic nov.il of the Indians to and settlemen iponthcm and. at the exphation oi lie tunc, appoil.on the lands amon he actual settleis in such a manne is he should deem equitable and just it within the time presciibed they le uised to accept the pro\ ission of th reaty made for their benefit, or, hiv ng accepted I efused to remove ron New Yoik and settle on the lands 'hen the lands weie to be and reinaii he property of the United States. It was also distinctly undeitoo hat the lands ceded weie to be hek' iy the tribes of New York Indians nder such tenure as the Menomonee leld tilth land", subject to such regu utions and alteiations of tenure a 'ongress and the President might dn ct. For this cession the Umtet1 states paid the Menomonees $ 20,00( 3n the 3id. of February 1838, the fiis Jhiistian and Orchaid paities of th' )neida Indian?, to whom a pait of th Jenomonee cession had been appoi loned, ceded to the United States al he lands set apart to them, except i ract containig one hundred acres fo Mch individual, or in all about G5,00 lores, which they reserved to them .elves, to be held as other Indian lands ire held. Of this tract some three or ou .housand acres have been occupiec md cultivated as aiming lands by in lividuals of the tiibe in severalty vith the consent of the tribe. Man: the Indians, including most of thf wing men, do not cultivate any oi he lands as their own. A small num ber of the tribe cut timber from a i.irt of the I enervation not occupiec .n severity, and made it into saw-logs hich they removed and sold to a ertain George, Cook. The United States brought this ac tion of replevie against the said Cool recover possession of the logs, six pon trial in the Circuit Court th acts here stated were established b} the testimony and, in addition, vidence was offered tending to prove hat timber on the reservation hac1 ieen cut and sold by the Indians oi he tribe continually since 1831, with he tacit consent of the offiicers of tht libe. Upon this state of facts the council the United States asked the court instruct the jury that the actior ould be brought and maintained, up the question of giving this instruc tion the Judges were divided in o$n on, and it was ceitified to this court or decision- Mr, S. F. Phillips, Solicitor General or the United States no opposing 'oimsel. The Chief Justice delivered the pihio of the Court. We thmk the action was properly irought, and that it may be main* cained. The right of the Indians In the land rrom which the logs were taken was hat of occupancy alone. They had power of alienation except to the (Tnited States. The fee was in the United States, subject only to this light of occupancy. This is the title by which other In dians hold their lands. It was so de cided by this court as early as 1823, in Johnson vs. Mcintosh (8 Wheaton 574) The authority of that case has never been doubted (Kent 257 Wor cester vs. Georgia 6 Peteis 680) The right of the Indians to their occupan cy is as sacred as that of the United States to the fee, but it is only a right of occupancy. (Cerokee nation vs. Georgia, 5 Peters 48.) The possession, when abandoned by the Indians, at taches itself to the fee without fur thur grant. This right of use and occupancy bj the Indians is unlimited. They maj exercise it at their discretion. If the lands in a state of nature arc not in a condition for profitable use they may be made so. If desired for the pourpose of agri culture, they may be cleared of theii timber to such an extent as may be reasonable under the circumstances The timber taken off by the Indian? in such clearing may be sold by them. But to justify any cutting of the tim ber, except for use upon the premises, is timber or its product, it must be done in good faith for the improve ment of the land. The improvement must be the prin cipal thing, and the cutting of the timber the incident only. Any cutting beyond this would be waste and un luthorized. The timber while standing is a pait of the realty, and it can only be sold as the land could be. The land car. not be sold by the Indians, and conse quently the timber, until rightfullj .evered for the pom pose of improving the land, or the better adapting it to convenient occupation, but for no oth -rpuipo3e. When rightfully sevei -d it is no longer a pait of the land md there is no restiiction upon it1- ale. It3 severance under such cir 'mmstances w, in effect, only a legiti mate use ot the land. In theoiy, al l^ast, the 1 md is better and more val lable with the timber oft than wit! on. It has been improved by th i emo\ al. II the timber should be se vered for the purpose of sale alone other words, if the cutting of tin timber was the principal thing aiK1 not the incident, then the cutting. A-ould be wiongful, and the timbe when cut, become absolute piopeit} of the United States. These are familiar principals in thi ountiy and well settled, as apphcabl 'o tenants foi life and remainder-men But a tenant for life has all the right occupancy in the lands of a remain ler-man. The Indians have the snm ights in the lands of their leservation What a tenant for life may do upoi, the lands of a remainder-man the In lians may do upon their resrvatioiik, but no more. In this case it is not pretended thai bhe timber fiom which the saw-log \eie made was cut for the pourpose )f improving the land. It was noJ aken fiom any portion of the Ian. hich was occupied, or, so far as ap t)ears, intended to be occupied for an impose inconsistent with the contm led presence of the timber. It wa ^ut for sale and nothing else. Unde nich circumstances, when cut, it be ?ame the pioperty of the Umtec' states absolutely, discharged of an. lights of the Indians theiem. Thf cutting was waste, and in accordance with well settled principles, the vvn or of the fee may seize the timber cut wrest it by replevin, or proceed in tio ver for its conveision. The Indians having only a right oi occupancy in the 1 inds, the presump tion is against their authority to cut md sell the timber. Evrey purchase from them is charged with notice oi bhis presumption. To maintain his title under his bur 3hase it is incumbent on the purchase Lo ''i^&Mi^-n-^^M ^*i&I show that the timber was rightful iy severed from the land. That the United States may main tain an action for cutting and canyinj away timber from the public land vvas decided in Cotton vs. Unitee States (11 Howard, 229). The princi pies recognized in that case are deci sive of the right to maintain this ac tion. The answer of the Court, therefor. to the question propounded by the Cir cuit Court is in the affirmative. SHEEHAN vs. NELSON'S BILL. I a recent, interview with a Pioneer Press correspondent at useless for agent Sheehan to deny the position he took, his denunci- ation of Mr. Nelson and that gen- Detroit, agent Sheehan denies reclining underThe"Trees having, in council, opposed the moonlight nights, the happy days Nelson Consolidation bill. It is slip by unnoticed.tributte ''"^'-"inwxWm'oiwiil' uvwufl'tirr to the Pioneer Press correspond- ent places him in an unenviable position before the White Earth people who attended the council and heard his advice to them. The agent urged the Indians to send a petition to Senator Dawes, asking him to urge the ratification of the treaty, and to oppose the Nelson bill, which, he said, would be the ruination of the Indians and place their children in misery, that Mr. Nelson might as well place his foot on their necks as to have his bill become a law, and that Mr. Nelson's object was not to relieve the Indians but to make himself a 'big chief by opening up this reservation for 'his Nor- wegians to settle on.' He advanced no argument against the bill, but simply contented himself by mis- representing to the Indians its provisions, and abusing Mr. Nel- son. Notary Pubiio. Ye editor has been recently ap- pointed a Notary Public, and as such will be found ready to at- tend to the duties of the office at any time when his services are needed. Prompt attention will be given to pension or other claims entrusted to our care. Local and Personal. W are informed, by parties from the sugar bushes, that this season's sugar harvest will be a light one. Mrs. Col. C. H. Beaulieu, re. rurned home from her St. Paul risit last week. Again the pesky flea makes him self manifest, within tronser legr and 'riongst frisky calves he takes leep interest. Mrs. J. A. Gilfillan, who Las been absent for several month:* returned home on Tuesday. Farmers should take early pre cautions against gophers, etc. Now is the time to trap and de stroy them. Father Aloysus, O. S. B., re turned frem a short visit on Fri lay of last week. On Tuesday some thoughtless person set fire to the dry grass near the cemetery the fire spread rapidly and ere help could arrive several of the enclosures were de- Hon's E L. Warren, E. H. Funk, Wm. L. Spears and Dr. Reathe 'flowers' of the coming political phalanxheaded tow irds Detroit, the scene of the Democratic convention, on Fri lay afternoon. W have issued all the garden ?eeds furnished us by the Depart ment of Agriculture, and most of it is now in the ground. W are called upon every day for more. We wish we hacj a ton of it tc give away to those in need and who are striving to help them selves. Fai r, Sunny Tahita. A Tahitian gentleman or lady is a charming person to meet. Th^ are cultivated and refined, the naen have been educated in the best universities in Europe. The.r and their wives are traveled, they are thoroughly cosmopolitan and they meet the stranger with a knowledge of his customs as well as of his language, and with a hos pitality, simple, generous and de lightful. What with spearing fish on the reef by torchlight, picnics in cocoanut groves by the sea, drives on the beautiful Broom road under the cliffs and across the lagoon by Pharaoh's caves, dinner parties under a banana leaf roof, aXL acfc tleman's bill was too positive to "dear, lazy, sunny Tahiti."Cor. be misunderstood, and his denial New York Tribune. JOB Bu Tahiti ex expensive from the stranger for the happiness he has felthe can take but the memory away and a longing to be back in 'TS("*~ j. J^ct^f-j THJ PROGRESS WORK AND Pmting Establishment. All kinds of Job Printing, such as Bill Heads, Letter Heads, Blanks, Cards, Tags etc., olici te Vork Warranted and Satisfaction Guaranteed. The Perkins Wind Mill. It has been in cmHtant i.ue f 10 ycais, with A record equaled by none. WARRANTED not to blow down, unless the Tower goes wtth it or igalnst cu, wmd that does not disable snb mtiat larm buildings to be perfect tooi.t ast and do better work than auv other null .,)X manufacture both Pumping and Geared NIllU, and carry a full line of Wind Mill up plies. AGENTS WANTE. Send for Catalogue, Circular andL Prices.To PERKINS WIND MIL & AX Address 24ml Misbawaka, Ind. mm FOR TH E GBpST EVER MADE. THE WEEKLY in 6T. PAUL, MEMI*. No cash commission allowed on this offer. Any person sending1 ONE DOLLiAS fox a year's subscription to tne WEEKLY PIONEER mm And ten cents to cover postage, will re serve FREE a copy of MTOBT OFTHE OIITEB STATES, Handsomely and durably bound ir Leatherette Tree Ca.lt, a book of 33C pages, fully illustrated. (The reg-Slui price in any bookstore would be $ 1.25 WONDERFUL INDUCEMENTS TO GETTERS UP OF CLVJSS. Any person sending- us IO yearly sub icnbers to the WEEKLY PIONEEB =RESS and $10 in money, with SO cente stamps to cover postage on the Atlps^ !rtll receive Free the PIONEER PRESS STANDARD ATLAS OF THE WORLD (cannot be bought in any market for lese than $4.50). Containing Large Scale Maps of Ercrr Country and CIMI Division upon the Face of the Woba BEAUTIFULLY ILLUVTRA THD with Colored In* urams.show ing wealth,debt, civil tonan ion ol people chief productions, manufactures aud commerce, religious seots, etc, and a supub line of Migra\ing of muib historical inwreRtand value, together with many new and desirable features signwl expressly for this woik, among -which will be found a. concise history of each State in the Union This beauufa rohuue contains 192 pages, elegantly illustrated It bound in best English Colh liindmy, with glo si'le stamp, appropriately and handsomely designed Size of Atlas closed, lnl4 inches opened, 22x14 inches RFMEMBL.K Thaterery individual snbsciibei will also receive FRKK the History of the I mted States, promised in first otfer,ten cente extra to covei postage on each hitory being the only requirement. Address SUBSCRIPTION DEPARTMENT, Pioneer Press Co.f St. Paul, Minn. I 4 N