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The Tomahawk. [volume] (White Earth, Becker County, Minn.) 1903-192?, May 13, 1915, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn89064695/1915-05-13/ed-1/seq-1/

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Justice and Fair Dealing for
every Indian who desires to
become a good Citizen.
Vol. XIII.
QUS H. BEAULIEU. Publlshei
White Earth Agency, Minnesota.
Eniered at the Postoffice at White
Earth, Minn., as mail matter of the
second class.
Characteristic Treatment
Of Educated Indians
Who Fight For Tribal
The following letter has been
sent to THE TOMAHAWK for publi
cation by Mr. J. F. Estes, of the
Yankton Sioux Reservation in
South Dakota.
It is characteristic of the treat
ment progressive Indians are re
ceiving upon all the Indian reser
vations throughout the country,
unless they make unlimited con
cessions to a majority of the
gentry commonly called "super
intendents", but who could more
appropriately be called tyrants.
If Commissioner Sells continues
to allow superintendents of the
kind he keeps at Yankton, this
and other reservations throughout
the country, his administration
will be no improvement regarding
Indian aiFairs over the Taft ad
Greenwood, So. Dak.,
April 22, 1915.
I am sending you under seperate
cover "The Wagner Post" a news
paper printed at Wagner, S. D.
You will find at the bottom of the
right hand corner, on page 5, a
short article relating to myself in
the following language: "The case
against Joe Estes brought before
the federal court at Sioux Falls,
S. D., was tried this week and the
defendant was discharged. To an
outsider the case looked more like
a case of spite work than a real
case and the ease with which the
case was disposed of strengthens
such a conclusion. Mr. Estes now
promises to bring suit for dam
ages against the instigators of the
case." I am also inclosing to you
herewith a clipping from the
Sioux Falls Argus Leader, a daily
paper printed at Sioux Falls, S.
D., which relates to my indict
ment by the federal grand jury.
It will be noted that the alleged
offense was committed on June
loth, 1912, almost three years ago.
The particulars in this matter,
which are not disputed but admit
ted by the Government witnesses
are these: During the month of
June, 1912, and while the primary
^campaign was on, one Roy D.
*j Bailey, one of the licensed traders
I here, and reputed partner in busi
^^ne83 with Supt. A. W. Leech, and
my business rival, bet or wagered
W a casket of beer with one Charles
$ F. Pratt, both whites, that the
then U. S. Senator R. G. Gamble
Q? would be re-nominated over
Thomas Sterling, our present U.
S. Senator from this state. Roy
D. Bailey lost and at on^e c-rdered
the casket of beer. The casket
*"t^came to the town of Ravinia, S.
D., which is within the limits of
the Yankton Indian Reservation
Bailey hired me and my car to allowed to go unpunished,
take him and Pratt to Ravinia. II
took them there and they loaded
the barrel, to the home of Pratt,
which is on a deeded land within
the limits of the Yankton reserva
tion. There Bailey and Pratt, act
ing as hosts, gave four others the
contents of the casket, which was
lager beer. Now, our treaty pro
vides that there shall be no intoxi
cants SOLD or GIVEN away on
any of the lands ceded and sold by
the Yankton Indians to the United
States, and subsequently Congress
ratified this treaty and enacted it
into law in 1894. A reference to
this law will be found that the
word "introduce" is not used or
will be found, but to "sell or give
away anv intoxicating liquor" is a
violation of the law. Roy D.
Bailey and Charles F. Pratt both
admitted upon the witness srand
that it was THEIR beer which
they had me haul for them to the
home of Pratt. But they further
claimed that they gave me four of
these bottles of beer, and that I
took them upon the agency re
serve, which is also within the
limits of the Yankton reservation,
and there gave the said Charles F.
Pratt and one Ernest Benjamin,
a white man and an employee in
the Indian service as Lease Clerk,
a bottle of beer, the next day.
They attempted to convey to the
jury that the laud reserved for
agency purposes was all that the
law covers. While in fact the law
explicitly says: "upon any of the
lands herein ceded and sold to the
United States" and that Baiiey
and Pratt openly violated the
same when they GAVE away beer
on Pratt's place. My contention
is proven by the fact that several
parties from the town of Raviuia,
Wagner, and Dante, S. D. were
indicted and convicted for selling
and giving away jbeverages which
contained alcohol. And these
towns are within the limits of the
Yankton reservation. This is one
of the mysteries of the Indian
OlBce, as to why Bailey and Pratt
after admitting that they gave
away beer within the restricted
territory they were allowed to go
scot free.
What is the cause of all this con
spiracy? In 1913, I appeared be
fore a sub-committee on Indian
Affairs of the House of Represen
tatives and there disclosed some of
the inhuman treatments of old and
decrepit Indians, and how they
were allowed to starve to death
while they have money and pro
perty in the hands of Supt. Leech,
sufficient to keep them in luxury
the rest of their natural lives, and
that there is universal suffering
among the Indians to a greater or
lesser extent, occasioned by the
present mis management of their
affairs, which suffering, I contend
ed, was wholly ueeless and un
necessary under proper manage
ment that so niggardly, m^an and
selfish on many occasions has the
treatment of these, my fellow ab
origenes, been that this once
proud and fearless people are be
coming fawning sycophants, and
in many instances cowardly,
suffering in sullen silence. I
called attention to how the dom
ineering, autocratic rules of the
agent, by methods of with holding
the allowances to the Indians, and
threats of expulsion, and misuse
and abuse of power are fast intim
idating the great tribe into sub
mission and dispair.
The Indian Temperance Union
of this place is taking this matter
up with the Commissioner of In
dian Affairs, to find out, if possi
bly, why these whites, Roy I
Bailey and Charles F, Pratt, are
the barrel into the car and I i violated our treaty laws, they who
brought them, Bailey, Pratt and are supposed to set good examples
stand that the had
to the Indians.
Some of the spectators in the
court room during the heanng of
this case went out disgusted after
hearing the Government witnesses,
pronouncing it as a "dirty put up
job.]' After I was acquitted,
people whom I have never met
came to me and shook hands with
me and expressed their sympath
ies for me. It has m-de me more
friends and made me more prom
inent among the Indians as well as
the unprejudiced whites. My
persecutors were so sure that they
had the "cards stacked" just right
that they boasted openly that they
would land me this time, after
three years of attempts.
One of the jurymen came to me
after the trial and told me that ne
made up his mind when Bailey
got on the witness that he is the
tough that had done all this dirty
But I must say that United
States District Attorney Stewart,
while he made a vigorous fight,
did not use any unfair means. He
was a perfect gentleman and re
ferred to me as presenting a very
good appearance upon the witness
stand, and treated me with much
kindness and courtesy,
J. F. Estes.
An Important Issue To
The Chippewas Raised.
Truth before Favor."
White Earth, Becker County, Minnesota, Thursday, May 13. 1915.
MAY BE SET-cannov,
For more than twenty years
Congress has, at the solicitation of
the Indian office at Washington,
appropriated 150,000 and up
wards, annually, to pay the ex
penses of the administration of
Chippewa affairs which included
an army of office holders many of
whom held sinecure positions
amongst the Chippewas of Minne
sota. An occasion has now arisen
which will give the Chippewas an
opportunity to test their protest in
the United States courts for the
wasteful expenditure of their
The Indian appropriation bill of
this year which failed to pass
Congress carried an appropriation
of 185,000, and in lieu of the bill
a resolution was passed extending
the appropriations act for the
fiscal year ending June 30, 1915 to
the fiscal year ending June 30,
1916 so far as it applied to treaty
$105,000 was appropriated from
Chippewa tribal funds for the
fiscal year ending June 30, 1915,
and the Commissioner of Indian
Affairs referred this to the Comp
troller of the Treasury for his
opinion as to whether the former
would be authorized to expend
this, and $1000 for the annual cel
ebration, under the resolution, but
did not refer the amount appro
priated for the expenses of the
General Council to the Comptrol
ler, and which he now refuses to
In view of the refusal of the
Commissioner of Indian Affairs to
give favorable consideration to the
amount required for the expenses
of the General Council which is of
more importance to the Chippe
was of Minnesota than the appro
priation of $165,000, a direct issue
will be raised by Attorney Web
ster Ballinger, of Washington,
who has been directed to do so
by the officers of the White Earth
Council and the questions as to
whether the resolution authorizes
the expenditure of 165,000 of
Chippewa funds or not will be
thrashed cut before the courts.
Mr. Ballinger is an aggressive
attorney and will no doubt raise
all the questions which have been
discussed by the Chippewa coun
cils so that the courts may pass
upon them.
For years the attorneys and edu
cated members of the Chippewa
bands have contended that the Act
of 1889 has been openly and reck
lessly violated by the Indian office,
and it is now hoped the day of
reckoning is at hand.
One thing can be relied upon by
the tribe, and this is that the ques
tions at issue will surely be
brought to the attention of Con
gress at its next session.
White Earth Tax a
-J if
W. B. Carman, who has been
the attoraey for the publisher of
THE TOMAHAWK in the tax cases
of this village won the suit com
menced by the latter against the
County of Becker to this extent
that the taxation of the buildings
on lots in this village as personal
property was illegal, and that the
county had no right to tax as per
sonal property such buildings.
While the victory is not all that
the publisher contended for it is
of sufficient importance to now
have the matter finished by Mr.
We believe, however, that taxes
be collected upon any per
sonai property upon this reserva
tion ^rom members thereof, for so
far as they are concerned the
United States has granted them
the right of occupancy of the res
ervation, and the fact that they
have had allotments given to them,
and are citizens of the United
State* on this account, makes not
the slightest difference regarding
their rights to not be taxed.
Mr. Carman should be called
here at the next meeting of the
White Earth Council, so that he
might explain the full gist of the
decision to the Council and take
such further steps as the members
of the reservation may deem prop
er and necessary to recover the
amounts which have been collected
as taxes on realty instead of on
personal property.
As long as the government holds
this reservation under its present
status, it is very doubtful whether
taxes of any kiud can be collected
from members of the reservation.
The fact that here and there
throughout the reservation lands
have been sold by mixed bloods
does not make the reservation any
the less a reservation almost ex
clusively under the jurisdiction of
the United States. If it is not an
Indian reservation now as much as
formerly, none of the Indian res
ervations throughout the United
States where inherited lands have
been sold are Indian reservations.
The taxation of property of In
dians upon this reservation will no
doubt eventually reach the Su
preme Court of this state if not of
the United States. The only way
that this question may be settled
without further litigation is for
the government to follow the
policy outlined by Secretary Lane,
to turn all the Indran3 lose Hvhc
are self-supporting.
Come in and look
over our line of
U. L/
they are sure
to please.
White Earth,
We are Headquarh
Published in behalf of, and
to secure the welfare of the
Indians of the United States.
For flen and Women
The B. L. Fairbanks
Alleged Attempt To Bern
Walters' House.
At two o'clock A. M. a week
ago last Sunday while returning
from a Indian dauce Kah-ge-gay
ah-won in passing George Walters'
house saw one corner of it on fire.
He immediately went into the
house and told Walters and his
wife, who had also attended the
dance and were not yet asleep,
that their house was afire.
One bucket full of water put the
fire out, and now Walters is
charging that some of his enemies
among the mixed-bloods set fire to
his house.
Walters lives over two miles
from here and the only persons
known to have gone that way after
the dance were himself, his wife
and Kah-ge gay-ah-won. The lat
ter declined a rice with Walters
who had a team and said he per
ferred to walk, and the fact that
he-Was the one to notify Walters
that his house was on fire makes
the whole thing appear like a fish
Single Comb Rhode Island Reds
for hatching, 75 cents per 15, $400
per hundred. Also day old chicks.
Max Blacknik* Waubun, Minn.
We now have the agency for the
Detroit Steam Laundry, persons
wishing to send laundry to Detroit
please leave it at the store. ._."
B. L. Fairbanks Co

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