The Hardin tribune-herald. [volume], April 03, 1958, Page 10, Image 10

About The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973

Image provided by: Montana Historical Society; Helena, MT

                
10
Hardin Tribune-Herald, Hardin, Montana
Thursday, April 3. 1958
Attorneys Argue
Motion to Dismiss
In Federal Court
(Continued from page 1)
government to condemn tribal lands
of the Crow tribe.
Kronmiller quoted from the re
cent decision of the Indian Claims
commission, where the commission
held that, "the United States ac
cepted acknowledged, ratified and
confirmed the Crow tribe’s aborigi
nal Indian title and right of occu
pancy, possession and use of the
lands set apart for the Crow tribe”
under the treaty.
He added that Article 2 of the
1868 treaty provides that the terri
tory described in the Crow treaty
was set apart, “for absolute and un
disturbed use and occupation of the
Indians," and that to ignore the
provisions of the treaty would be to
abrogate the treaty.
In addition to the provisions of
the treaty itself, the tribe’s attor
neys said, the Congress had separ
ate acts spoken three times, by
providing that no additional irri
gation system shall be constructed
by the government for the irriga
tion of Indian lands on the Crow
reservation until the consent of the
Tribal Council thereto has been
duly obtained.
Kronmiller quoted from Section 8
of the 1920 Allotment act and said
that the provisions against further
construction had been strengthened
by a 1926 amendment to the 1920
act because the 1926 act provides
the additional words "unless and
until the consent of the Crow tribe
is duly obtained.”
The tribe’s attorneys further re
ferred to an act of 1946 which fur
ther provided against construction
of irrigation projects without the
tonaent of the Crow tribe.
Kronmiller told the court that
Section 10 of the allotmeht act spe
cifically provides that all unallotted
lands chiefly valuable for develop
ment of water power are reserved
from allotment or other disposition
for the benefit of the Crow tribe.
Wheeler pointed out that the gov
ernment was inconsistent in their
briefs since when they represent In
dians they express the view of the
Indians, but when they want to take
the Indian lands they take the op
posite contention.
Cyr, In opposing dismissal of the
action, declared case citations by
defense attorneys purporting to deny
the Indian lands "involving third
parties and are not applicable to the
issue before this court.”
The government, Cyr said, has a
right to use of waters flowing
through Indian reservations-
Government attorneys also cited a
“Twin Cities power case” where the
court held owners of property along
navigable streams had no right to
compensation for damsite value
against the U. S.
“Reason dictates," Cyr said, "that
the question of navigability is one
that should, be tried by a court and
not a commission.”
A commission as a fact-finding
body, he added.'would be required to
submit its findings to a court for
ultimate decision.
Galles cited the legal concept of
"dominant servitude" In his argu
ments dealing with determination of
compensation.
“The value of a power site,” Gal
les said, "rests in the flow of a
stream over the site which in this
■■ f z.
.V'-- * * 1
LAST YEAR ABOUT 500
NEW MEDICINES WERE INTRODUCED
As soon as each one was clinically proved we
stocked it in our prescription department. We intend
to continue getting any new drugs as fast as they
are available.
WE CAN COMPOUND ANY PRESCRIPTION.
Even if from another city, any physician's prescrip
tion will be filled according to his exact specifi
cations.
YOUR PHYSICIAN NOW CAN HELP YOU MORE.
Improved techniques of diagnosis and treatment,
plus the new drugs, are so important that we sin
cerely advise you to depend more on your physi
cian's advice. Most home remedies and patent medi
cines are relics oi a vanisliing past.
WHEN YOU ARE SICK —
Let your physician prescr:be the particular medicine
that will help you most. The moderate charge for
his fee and the prescription can save you sickness
time and perhaps your very life.
Archie's
Big Horn & Company
"Your Personal Pharmacist '
Corner Center & 3rd Phone 330 Hardin. Mont
Copyright 1958 (M 358
instance is controlled by the gov
ernment."
In such a situation, he explained,
the stream is in a state of "servi
tude" over which the government
holds "dominion”,
Galles added, in connection with
determination of compensation, that
the value of the land to the taker
was not to be considered, according
to legal precedents.
"Compensation must be awarded
on a ‘loss to the owner’ basis,” Gal
les said.
Referral of the question to a
commission, said Galles, would be
“time consuming and would allow
Introduction of much Irrelevant ma
terial.”
“We are interested in expediting
the conclusion of this case,” Galles
said, “so that the Indians can get
their money and the project can be
started.”
Traffic Violation
Fines Are Paid
In Justice Court
Truck drivers paid a total of $250
In fines for exceeding the weight
during the past week.
Those charged by the Montana
Highway Patrol were Mitchell C.
McDonald of Pahokee, Fla., Joseph
L. Rickard of Englewood, Colo, and
Darwin Levens of Denver, Colo.
Speeding continued to be the most
frequent violation, with the follow
ing being charged:
March 22, Stanley B. Risvold of
Lodge Grass, paid sls. March 28,
Richard C. ThomM of Evansville,
Wyo., paid $25; Michael N. Calla
han of Billings, yet to appear.
March 29, George R. Ricker of
Tampa, Fla., paid $10; Lawrence L.
Pope of Lodge Grass .paid sls.
March 30, John C. Jensen of Sioux
Falls, Minn., paid $lO and David A.
Butts of Stacey has yet to appear.
George C. Wilson of Sheridan,
Wyo. paid $25 March 26 on a reck
less driving charge. Oliver S. Pease
of Crow Agency waa fined $lO,
March 29, for driving without a
license, and Dan Klepp of Billings
paid $lO, March 30, foi passing over
the solid center line.
Chamber Directors
Discuss Yellowtail
(Continued from page 1)
needed employment for the Crows
as well as the community as a
whole.
Rising, representative of the
State Water Conservation board,
covered the progress of Yellowtail
legislation and added that the Mon
tana congressional delegation all are
attempting to do what is best for
the Crow tribe in connection with
the project.
Rising said it is highly improbable
that legislation authorizing more
than s2'4 million could be passed by
Congress and meet with the admini
stration’s approval. If the Crow tribe
is given the right to go to the Court
of Claims with authorization of that
payment, it would give the govern
ment immediate access and an ap
propriation to begin work might be
obtained this year.
He said condemnation procedures
would tie up the project for “at
least three years.”
SCHOOL TO BE CLOSED
All Hardin schools will be closed
on Good Friday, April 4, and Easter
Monday, April 6, according to H. R.
Salyer, superintendent.
Archie's
Big Hom Drug Co.
MARCH, 1958
MONTHLY NEWS
A message from Archie
Grover, "Your Personal
Pharmacist"
Crow Indian tribal dancers entertained for B. K. Wheeler of Washington, D. C„ and other guests pre
ceding a meeting of the Tribal Council in Ivan Hoops Memorial hall, Crow Agency, Saturday afternoon.
Pictured, left to right, are Clyde Dust, Dan Old Elk, Francis Rock, Wheeler, Bert W. Kronmiller, Douglas
Y. Freeman, Ernest Holds and Frank Plain Bull.
Weather Outlook
By U. S. Weather Bureau, Hel
ena, for April:
/fl / ® :
U. S. No. 1
LETTUCE
Large Head 13
U.S. No. 1
CARROTS 4/v
Lb. bag IV
U.S. No. 1
CABBAGE fit
Lb. T
Sunkist
ORANGES
Lb.l/
Hawaiian Q .
PUNCH 46-oz. can di
Betty Crocker (white, devil, yellow) Q 4 .
CAKE MIXES ea. UF
Gold Medal 009
FLOUR 25 lbs. 6
B Swans Down
Lemon Chip,
Angel Food
CAKE MIXES
49c
KELLY’S Super Market
Precipitation averaging not far
from seasonal means, and warmer
than usual temperatures are expec-
ted in Montana during April.
Save With Safety, Buy Bonds.
aster Mams
Homs cured and smoked to perfection for your Easter banquet... All the
fixings are an special display to speed your shopping time... Make us your
one-stop shopping center for all your food needs.
rnw All Day rorr
r IlLIi Saturday * KLL
HOLLY SUGAR COTTON CANDY
To Children Accompanied by Parents
HILLS BROS. COFFEE
Served All Day Saturday
HOLLY SUGAR
25 lbs. $2.93
10 lbs. .sl-19
5 IbS. 60C IHills Bros. /
POWDERED COFFEE /
& brown 4% Lb.QAc /
2 lbs. 29c i
Instant Fluffy Sauce
(Basic recipe—makes 4 cups)
H cop Cirnitien Isstsst 2 tiblespssns lemon juice
Nonfit Dry Milk 1 Vs cups miyonnoiso
Mt cup ice wotor
Mix Instant and ice water. Whip until soft
peaks form. Add lemon juice. Continue
beating until stiff. Fold mayonnaise into
whipped Instant lightly but thoroughly.
For Mustard Sauce: Fold 2 tablespoons pre*
pared mustard into ft of Basic Sauce. Heat
in top of double boiler, over hot water, to
serving temperature.
For Horseradish Sauce: Fold 2 tablespoons
prepared horseradish into % of Basic
Sauce. Heat in top of double boiler, over
hot water, to serving temperature.
EDEE —For your copy of Carnation's
■ It KK latest recipe booklet, send to:
Mary. Blake, Carnation Co., Dept. GS-164,
Los Angeles 19, California.
Grade A Med.
EGGS $«000
3Doz. 1
Sunshine
CRACKERS
2 lbs. * *
Change is Made to
Expand Credit
For Farm Building
The farm housing loan program
of the Farmers Home administra
tion has been changed to expand
the credit available for farm build
ing construction and improvement
and to act as an additional anti
recession measure, Glenn M. Cain,
assistant county supervisor, has an
nounced.
Now the owner of a farm in agri
cultural production on which the
operator plans to produce at least
S4OO worth of farm products for sale
or home use may qualify for the
four per cent long-term loan, if he
meets other eligibility requirements.
Formerly, an eligible applicant
had to own a farm that produced a
larger part of the operator’s annual
cash income.
Farm housing loan funds may be
used to build, improve or repair
farm houses or other farm buildings
and to provide water for farmstead
and household use.
Cain said that in addition to fi
nancing major construction, loans
can help meet other farm needs for
farm Improvement such as adding
bathrooms, utility rooms, better kit
chens, and other Improvements to
houses and farm service buildings.
Loans cannot be made to buy land
or to refinance debts. Tenants and
farm laborers are not eligible, but
an owner may borrow to construct
buildings for them.
The interest rate is four per cent.
¥2 or Whole — 16 to 18 lbs.
HAMSib. 59 c
Lean Trimmed (End Cut)
PORK LOIN EQC
ROAST Lb. JO
Pan Ready
FRYERS 49°
Morrell
PORK SAUSAGE /IOC
11b. roll H-O
and the payments are amortized
over periods up to 33 years. Loans
are secured by a mortgage on the
farm, subject to any existing prior .
liens, and by such additional real
estate security as may be necessary
to adequately secure the loan.
The local county FHA committee
reviews all applications and certi
fies as to an applicant’s eligibility,
and also certifies as to the normal
value of the farm after the improve
ments are made.
Typing Paper For Sale
at the
Tribune-Herald
MONTHLY :
INVESTMENT *:
PLAN :
You can share in the owner
ship of over 80 major corpo
rations in 20 basic industries,
by lump sum investment or
by monthly investments of
$lO or more. Ask for free
prospectus.
4lanuLlan-—
runda.
A. E. HOLLAND
702 No. Center
Hardin, Montana
grge Assortment/
EGG /
DYE I
Hunt's 300 Tin
COCKTAIL 4Rc
2 for ^0
Hunt's 300 Tin
PEACHES QQc
2 for w
Hunt's 300 Tin
49 c
29*
CHOICE MEATS