The Elk Mountain pilot., 1881-06-02
THURSDAY, JUNE 2, 1881.
4 EAPCE.

proceedings in this town last week was
perfect farce. In the Glst place the
man who presided as commissioner
allowed his name to be used in the
election last fall as candidate for a
justice of the peace for the tenth pre-
cinct of the county of Gunnison and
state Of Colorado, and was elected
and is supposed to be exercising the
functions of that Office now. But
when criminal case is brought before
him for a preliminary hearing, he
goes behind that office on the grounds
that the county and state authorities
have no jurisdiction over the towns of
Irwin and Ruby, which compose the
tenth precinct of Gunnison county.
The State and United States authori-
ties never do conflict with each other
in matters of this kind. The U. S.
courts do not assume power to hold
court where the state courts do not
have jurisdiction, as we all know that
an Indian reservation, island or any
other portion of the United States
that is not governed by any state laws
is always governed by military rule,
therefore we cannot see why justice
Of the peace would refuse to exercise
the functions of that Office, and yet
be willing to try case as U. S. COM
missioner. There are U. S. commits
sioners in every principal town from
Maine to California. whose duties are
to attend to mail robbers, defaulting
postal clerks, revenue officers and the
like. And when Mr.. DolrEon re-
ceived his commission from Judge
Hallett it was the supposition that
Irwin was in Gunnison county. Do
you suppose for moment that Judge
Ha[lett would give Mr., Dollison the
privilege to hold court on the reserva-
ton, where no white man is allowed
except those authorized by the War o,
Interior departmental Not much.
It is true there is a doubt as to where
the line of the reservation runs, but
when the general government gives
us the benefit of that doubt and the
Judge of the district court maintains
jurisdiction here, why should lawyer
who is supposed to be personally in
terested here argue differently and be
sustained by servant of the govern
ment? There has not been an Indian
hese since the town of Irwin was
started, and furthermore they do no.
claim the Ruby mining district as
being on their territory; then why
should any lawyer in opposition to the
entire community undertake to jeapor.
die the interest of every man who
has a dollar invested here by trying tc
maintain something that he can't pos.
sibly prove under the circumstances.
Another thing, why couldn't Mr.. Dunn
have tried the case in the state court;
on its merits2 Is it possible that he
could not get justice? We ethink not
His own clients, the men for whom he
was prosecuting this case, do not ap.
prove of the action taken in reference
to jurisdiction, because they all have
property here, and we all have, and
we do not think that the government
will lay straw in the way of progress
and civilization, for the watchword
has always been, "Onward and west
ward the star Of empire takes its
course" Mr.. Dunn also stated that
next fall when the tax collector would
come around those who murmured
against the reservation question now,
would then be ready to raise it. We
would state right here that at that very
time the assessor, Mr.. w. T. Clark,
was assessing property for state and
county taxes, and he afterwards told
US, that there was not man murmured
against being assessed in the whole
community.
We understand that Messrs. Colburn
ard Mox Miller, although employed
IN the prosecution and identified in
tbs suit, refused to take any part