The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-14

poTssn Of the lands assgaes- and On ussca
sney have iccassa. o. shalt rovs from place 10
pace. TIE pfcsa3eaf nay. IL tie yszsers shall
aave been isssed, CANCEL the assignment, and
taess rscportioa o! ire snauiti-s or csacs
noseFs Cue thssf. until saey shali have .ssaraea
70 sueA permanent home and re~r tned toe par
sain OF icdsstry: ana il cessS.; Of tier return
sse fssct nay be dec A-e1 seAasozs<s. aud sarce~
After ess ene1 10 some ether refscn 90 family al
such trshe, o. ciseoses OF ~ II provides ios TIE
disposition OF sae excess Of sasd sAr1 Ana the
sestdas cs the land hereby reserves. o. Of ,ast
which nay &c se.eesed in lieu shsreos. after all
OF tie fnciau yersaas o. families shall have had
ssssgaed % Saes. permanent Aozaes, rnsy &c sosa
reeulassons - naay hereafter be prescribed by
ire congress % psesscea. o. the Tcstet States
40 state lesisiAsare shall remove the sessrse-
coas herein pzovided tor Without the consent
81 conKresa
Tee several Indian ailossees hsye By tie PRO
Visions OF the six;h section Of al &C; OF congress
approved February Sisss. s.s,h statutes. So been
made citix-ns OF the Ualte1 states, With al the
rights. privileges aud iTam1nities OF ether e!ss-
cans. and IN assertion OF their rights - cisixeas
and propssstass Of these patented .aacs sAey have
msde contracts with the complainant authors
Ing the location AMI construction OF sad rail-
road. and .; the time of the iasersercace cona-
planned OF were actively assisting him in hin
work The answer OF the defendants admits
the above rec.ted tsc,s and admits an intention
On their part 10 prevent the construction OF said
railroed without assigning any reason fog 30
doing except that they are acting a. Officers o.
the United States under the direction of the
president, ana believe ssat no reason can BE-
ascrited for ociciai insesmeddiing in this bust
neee except this, that the departments OF tia
govefnmeht In charge of Indian affairs feel in
duty bound - take this c,urse a. Q means of
testing questions which have arisen a. to the
extent Of the authority remaining Ia the gov
eminent 70 control these particular Indians
and their property. and the extent OF
the changes wrought In the status OF
said Indians by the conveyances to them in
sevefalsy OF the title to their lands, the con-
ferring upon them OF the rights, privileges and
imnunis,es o. cit zsnship. and the admission o.
Washington into the Union. on terms OF equal
isy With the osiginai states. Formerly the
tonai government lad the supreme and Also
lutte power and right TO control the Indians By
reason OF their condition a. dependents and
wards OF the nation: by reason OF its title In Zee
to oil the lands reserved for their use and occu-
patton. AMI by reason OF the p.cnasy powers
vested In congress to make laws for all the peo-
pie In the territories But step BY step ell
these controlling powers have been Invested.
FsrSt, the patents issued By the president pup
suant to the treaty made with the Indians.
passed the title in fee from the United Ssa,cs TO
the pasentees, subject only to the restrictions
and conditions subsequent. expressly declared
in said treaty. No estate or reyersionary inter
est in the patented lands Is reserved or now
held BY the United States The restrictions
prevent alienation Of the lands until authorixs a
By Law OF the state TO which congress must
consent. otherwise than by lsases for terms not
exceeding two years. The conditions subsequent
are thai, for specified ca,isc ANY patent may 30
By the president cancelled. and the land 50 for
feited may be assigned to other Indians, or sold
Hsspf hal 81 H. gstA s-SA
common Instead of reserving the right to ter
inmate the estate BY . re-entry 70: breach OF the
condition. Is 10 usual in conveying al estate
subject TO . condition, each OF these patents
creates power In the president to re-assigu the
land, OF sci. IL This power 10 not Inconsistent
with the coInplets investuro OF title In the
patsntees. Chancellor Kent says: Subsequent
tates already created and vested, and render
them liable - DO defeated. So long
~ these estates upon subsequent conditions
continue unbroken, they remain in the same
situation a. II no such Qualification
had been annexed" 4 Kent. Com, 18th ed,
1&. BY this step the government lost
entirely the power to control the Use OF
the land. The second step, whereby Indian pro-
prietors OF land were made citizens. deprived
the government OF tae power to coe:cc such
indiana into making or annuiliug contracts. or
OF molesting persons upon their premises by
their ilce1se when not interfering with the
operations OF the government or violating any
national law. The rights. privileges and I'm
munities OF citxsnshipdu this country ineluds
among others the right ITO make ana enforce
contracts. To sue. be parties. give evidence and
to inherit, purchase. lease. sell and convey prop
erty. These are fundamental rights and Of the
essence of civil liberty. Civil rights cases, 100
U. q, p. -. The third step transferred from
congress 20 the state government the power TO
preserve peace and good order aud regulate the
making OF private contracts and tho use and de-
scent of private property within this state.
The fact that the complainant eau not under
existing laws acquire any permanent right 10
occupy any part OF the lands in question does
not initiate against his present right. The work
he proposes doing Is lawful now. and interior
ence Herewith by the defendants 10 unwxr-
ranted, even though sanctioned by the president
The answer inyokes q provision In an act OF con-
gress, approved March 3. 1893, commonly spoken
OF as the "wiIson act Il Statutes. 6ss and in his
Argument counsel Tor the defendants conteuded
that said provision prescribes TIE only mode in
which right-of-way for a railroad or any interest
in these patented lands can be lawfully ac-
Quired- The provisions referred to authorxs
the appointment OF commissioners by the pres.-
dent TO make selections of portions of said land
for sale. and TO make sales and execute convey
ances 10 purchasera The point made is that
An impe iimsnt to the selection and sales con-
tcmplated by said act aud therefore the act is TO
be 90 construed ~ TO forbid the building OF rail-
roads and highways across said Iauda
To 90 consIue the act and give IL force - a
valid law would make the erection OF houses
and other improvements upon these lancs Also
unlawful ana deprive the patentees OF vested
fighsa eonside: this \ sufficient reason for
TO give IL such a construction An
other reason against it IL that the law by ita
own terms ia dependent for Its practical opera
ton upon tho consent OF the Indians. The COM
rnissioners to be appointed under 1t can eifsc.
nothing uniess they shall be empowered 10 set
by the Indians No such power has been given
- yet. aud il may never to given.
My conclusion il that the complainant 10 en-
titled to an Injunction psndesss iise, As prayed
in his bill OF complaint
SUE Mn NOT TORCH 1T