New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1890-02-12
The Sisseton Reservation,

A. S. Crossfeld, of Minnesota. and the
commission that negotiated the Sisseton
and WahPeton Indian treaty last sum-
mer, had two hours session with Secretary
Noble a few days ago. They answered sever
al points Of objection which the secretary of
the interior and Assistant Secretary Chand-
Ter had found in the treaty, and before they
left Secretary Noble told them he would SUBJ
nit the treaty to the PRESIDENT with a
recommendation that On act embodying it's
provisions be passed by congress. One
of the oh Elections raised by Secretary Nozzle
was that while the act creating the commits
sion had authorized the payment by the gov
eminent OF per cent. interest on the proceeds
of the sale OF the lands. the commission had
promised 5 per cent. Mr.. Crossficld held that
5 per cent was the usual rate allowed On
moneys standing to the credit OF Indians, and
he saw no reason why an exception sho uld be
made in this case. When the bill passed
congress fixing per cent. it was held in con-
gress that owing to the nature of the lands
this rate of interest would be ample to meet
the wants Of the Indians, but Mr.. Crossield
held that this was discriminating against
these particular Indians just because they
happened to have valuable lands. Several
other objections of a techni chal nature were
raised, but by important changes in wording
were corrected, and at last the secretary ap-
proved the treaty.
Representative Clifford says the Wahpeton
and Sisseton reservations would have been
opened under act Of congress last year II the
bill had not been defeated under the rule of
no quorum voting. BE is in favor of paying
ing the lands which they are willing to cede.
Being member of the Indian committee, he
will no doubt be able to get bill through
the committee, and probably through the
house.
Prohibition Decision in North Da-
kota.
The anxiously awaited verdict of the su-
preme court in the case of Frank Ohlquist
VS.. The Sheriff of Grand Forks County, be-
ing nominaHy the test liquor case, was handed
down Fargo. The syllabus is as follows:
Where a party was held by magistrate
for violation of the law against selling
Intoxicating liquor as q beverage, without
license, in force on that subject when the
constitution was adopted, and committed
in default ofbail, and brought before the court
that he was unlawfully restrained Of his lib
erty because oil pre-existing laws against
selling Intoxicating liquor without license
were repealed by an article 20 of the consti-
tuition (being the prohibition article), as
being repugnant thereto, held:
First-That, if article 90 OF the constitu-
ton by sslf-executing, and operating, it re-
peals the present existing license law, includ-
ing penalties.
Second-But held, further, that said article
is not selfexecuting; that it cannot be en-
forced by the penalties in the former license
law; that the provision in that article that
1.-THE legislative assembly shall BY Law pre-
scribe regulations for the enforcement of
the provisions OF this article, and shall
provide suitable penalties for the yio-
lation thereof, " clearly indicates the intention
OF the constitutional con vention that supple
mental legislation should be the means oien-
forcing said article.
Third-Further, that until said supple
mental legislation is had article 20, while
prohihitory in form, is in fact a declaration
of principles only, and without force to re-
peal the prior license law. Hence the rela-
tors restraint is not unlawful, and he is re
manded back to custody