The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1896-06-18
THE oBsTRucTsKyrs KNOCKED OUT.
work Can Now Proceed On the Res
ervasion Dftch-The Contestfng
Attorneys in Trouble.

CEN1esVAa nc
Attorneys In Trouble.
Judge Erwin returned on Wednesday
from Seattle, where he was called to
make answer in the injunction case to
restrain him from continuing the work
OF constructing the reservation irrigation
ditch. The commissioner OF the general
land Office and the secretary of the in
terror had previously decided in his
favor, and now the federal court has told
the obstructionists that they have no
This should be sufficient to
cause them to drop their very peculiar
tactics. Already they have gone so far
that there il strong probability that an
outraged law will assert itself and, fig
urstively speaking, put one or two of
them lover barrel"
The following account OF the court pro-
ceedings is from the Post Intelligencer OF
Tuesday:
Five dissatisfied Indians yesterday
figured in the United States court as APP
plicants for an injunction to prevent the
Indian agent of the Yakima reservation
from expanding $40, 900 for the construc-
ton of an irrigation canal, but Judge
Hanford denied the application.
Several years ago the government
purchased fishery from the tribes COM
posing the Yakima nation, paying there
for $4,000. The terms of the purchase
were such that the money was to be ex-
pended in such manner as the general
council of the nation should deem best.
A general council was held in March.
1895, and it was there determined that
the money be expended in cutting an
irrigation canal some twenty-five miles
in length. The various tribes were well
represented in the council, and it was
generally considered that wise conclu-
sion had been reached. inasmuch as the
Indian holdings would be much en-
HANGED in value by the construction OF
such canal, while at the same time the
terms of the work were such that every
cent Of the money was to be paid to the
Indians themselves for work, and the
entire amount would thus ultimately
find its way back into their hands. II
was estimated that the canal would rem.
der cultivable between 20, 600 and $4,000
acres of land.
THE petitioners, however, urged on,
1t would seem, by their attorneys, deter
mined for some reason to oppose the
canal. These same attorneys are now
likely to find themselves in serious pre-
dicament. Contracting with Indians for
fees in such cases is strictly prohibited
by United States statute, except by the
express permission Of the secretary OF the
interior, and 1t is stated that one of the
petitioners, without any such permits
sion, has agreed to pay bis attorneys In
the present case fee of $500, giving as
security a mortgage on his cattle.
The attorneys will now be proceeded
against.
'The petitioner just referred to as
promising such large fee is amply able
to pay it. His name is Thomas Pearne,
and he lie probably the wealthiest man in
the Yakima nation, one OF his recent
sales OF cattle to the government amount
ing to $1,000. The source of his dissatis-
faction with the proposed canal is not
far to seek. His own land is already
well wstered, and personally the canal
will not benefit him. Then, too, he has
become aggrieved toward the agent be-
cause the latter instead Of granting him
monopoly on the government purchases
of beef for rations distributes the pur-
chase so as TO give others the benefit OF
the money. He has been fomenter of
discord and has more than once received
warning from the agent. A gentleman
in the city yesterday who is familiar with
all the facts was inclined to think that
Pearne will now be required to leave the
reservation.
The disaffected Indians claimed in
their petition that they were not properly
represented in the council, and that the
expenditure OF the money would be with
out authority. The government, on the
other hand, represented by District At
torney Brinker and Assistant District
Attorney Robertson, submitted some
thirty affidavits to show that the council
had been properly constituted and held,
and that the agent had authority to act
upon its decision as authorized by the
terms of the purchase. The government
also showed that some OF the petitioners
had signed the application under misap-
prehension, and that at least one Of them
was present at the council and consented
10 the plan for canal.
I'm denying the application, Judge
Hanford stated that the petitioners " ere
not entitled to come into court, inasmuch
as no one of them showed claim Of
$1,000 The 1900, If divided among
the indiana OF the nation, would give
each OF them less than $40. Judge Han
ford also said that he knew OF no case in
which an Indian had been allowed to
bring suit against the government,
which was his guardian.