The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-12
JUDGE HANFORD REVERSED.
The Puyallup Indians Not Permitted to
sell Their Lands.

sell Their Lands.
SAN Francisco. Oct 1.-The United
States circuit court of appeals decided
today that the Puyallup indians have
not the power to ALLEVIATE the land
granted to them in seyeralty. and approved
the conduct of the agent who drove the
workmen Of the Northern Pacific of Of
the reservation. The decision is one OF
the most important that has been
rendered since the organization Of
the court, and, unless reversed
by the supreme court Of the United States.
will be an impregnable barrier between
the unsophisticated Indian and the enter
prising white. The Puyailup Indians
inhabit fertile valley in the state Of
Washington. The lands we're granted to
them in severalty . few years ago. The
Northern Pacific railroad decided to con-
struct branch through the reservation.
and a contractor named Ross was
engaged to secure the right-of-way.
The contractor did not deny that
the lands upon which he had
entered were part of those set apart as the
Puyallup reservation, and that the reser-
walton had not been directly revoked. but
he contended that the allotment Of lands
in severalty, and Afterwards making the
Indians citizens, necessarily had the effect
of revoking the reservation. The court of
appeals carefully considered the plausible
argument made in behalf Of the railroad
and its contractor. and decided against it,
saying:
"The act Of 1887. which confers citizen
ship, clearly does not emancipate the In
dams from all control or abolish the res
ervations. That the abolition of rsserva-
tions is the ultimate hope of the govern,
ment policy there can be no doubt; but IL
will not be soonest realized by attributing
fanciful qualities to the Indians. or sup
posing that their nature can be changed
BY q legislative enactment. The patent has
clear words of prohibition against aliena-
ton, and even IL had omitted them
tho treaties and Law imposed them.
The power Of the government 10 impose
the restraint is not questioned, and les
purpose Is certainly not ambiguous. The
treaties with Indians-the allotment of
the land in severalty-all had the purpose
of fixing them in permanent homes. BY
article of the treaty the privilege OF allot-
ment can only be awaited OF by those who
will locate on the same as perma-
reut home, and the purpose il so care
full, insistent and dominant that the
president is given power to prescribe such
rules and regulations as will insure the
family, in the case of the head thereof.
the possession and enjoyment of such
permanent home, and will issue patent
only to such person or family who has
made a location for permanent home.
and If issued may cancel ii If such person
or family rove from place to place.
alt follows, therefore, that the contract
of Ross with the Indians was void. and
that he was properly removed from the
reservation. iii. Is for the interests of
The Indians or of commerce to remove the
restraints on alienation congress will no
doub, be 90 applied to in the latter case
that il will be enabled to provide for the
interests OF the Indians better than they
have seemed TO have provided for them
selves In the contract with Ross"
TACOMA, Oct 1L-(Special. Chairman
Anderson, of the Puyallup Indian COM
mission, is very much displeased because
the county commissioners will not accept
his plat Of the reservation. The plat was
made with the expectation of filing is and
going ahead with the sale of the Indian
lands. Mr. Anderson is Q staunch Demo-
crst, but he is very much displeased with
Turkey" Fawcest's opposition, as county
commissioner, to fling the plat. Mr.
Anderson says the people Of Tacoma want
the reservation opened, but Fawcett is
hampering it, Fawcett is opposing the
vacation of the county road. said to be
necessary If the plat is got on file.