Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1890-06-19
The Case of Samuel Phinnev.

The Case Of Samuel Phinney.
In defense Of the rights of Samuel
Phinney, recently dispossessed of his
claim to land on the Indian Reserva-
ton by del sion of Congress, the
Boise Statesman offers the following
facts and argument:
"Col. William Craig, whose striking
personality has made him a prominent
and interesting figure in the early his
tory of Idaho, came into the Rocky
Mountain region matiy years in adj
vance of the first white settlers any,
where west of the Missouri river and
was for many years connected with
the hunting and trading operations of
the American Fur Company, some
times acting as an employee of the
company and sometimes as free hun
ter and trapper. The company had
its line Of trading posts on the upper
Missouri and its tributaries, in what is
now the state of Montana. The Nez
Perez Indians during those years made
annual visits into the field of the COM
pany's operations, and in this way
Col. Craig became acquainted with
this particular tribe of Indians and
afterwards married one of the daughters
of the tribe and accompanied her to
the home of her people in the valley of
the Lapwai near the present city of
Lewiston. Here, ut the invitation and
request Of the Nez Perces, Col. Craig
selected tract of $40 acres of land
which the Indians did all they could
to secure him as the rightful and per-
manent possessor, by having the gift
ratified by u subsequent treaty made
and perfected between the tribe and
the United States government.
In after years, and while the entire
region claimed by the United States
and lying west of the Rocky noun
tains was known by the general appel
lation of "Oregon Territory" Congress
passed an act known as the ''Donation
Law" which gave to each white settler
within said region 800 acres of land if
single, and $40 acres if the locator was
married prior to certain date specified
in the act.
Craig had been married and settled
upon the tract given him by the III
dians many years before the advent of
the first white settlers, but at the in
stance of his white friends and fellow
citizens, and guided by the best legal
advice he could obtain, he relocated
his tract of land as "Donation claim"
and secured its entry as such in the
local land office then established at
Oregon City, in the Willamette
valley.
Whether Craig perfected the title to
this land and secured patent to it
under the "Donation Act" Is not
known to the writer, but he lived upon
and cultivated it in peaceable and un-
questioned possession till his death,
after which 1t was administered on as
portion of his estate.
Samuel Phiuney, who had married
one of Craig's daughters, had for many
years occupied and cultivated with the
permission of Craig, a portion of the
tract of land in question.
Phinney never occupied or claimed
any land on the reservation outside of
this tract on the Nez Perez reservation.
Upon the settlement ofth Craig estate,
by an agreement with the other heirs
and their legal representatives, Phin-
ney, who was one of the heirs, become
the sole owner of the tract of land,
which had been given to Craig by the
Nez Perez Indians, which had been
secured to him by clause in the
treaty between those Indians and the
United States government, and to
which Craig had at least done all that
he could to secure an additional title
under the Oregon Donation Act.
Now, If under these circumstances
the government has decided to dispos-
sess Phinney, 1t is here submitted that
there is at least very apparent in
justice and hardship.
The case of Phinney is very different
from that of renegade white man
who goes upon an Indian reservation,
takes an Indian women to wife and
then claims land by virtue of this
matrimonial alliance with the tribe.
To place Phinney now on a level with
this class Of low adventures and strip
him of what he has always believed
to be his lawful and rightful property
may be within the mysterious province |
of legal technicalities, but to the un.
itiated, It has strong flavor Of in.
Justice"