The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-10-16

lands claimed by Indians which are sxri-
cultural or grazing in character and upon
which they have made improvements.
from being located upon and entered by
white settlers
Special Agent T. 3. Rockwell, Of that
office. was accordingly sent out As re-
suit OF his investigation he submitted .
detailed report 10 the commissioner OF thu
land Office. from which 1t appears that
none OF the lands on the northern portion
OF the reservation claimed and improved
BY Indians contained minerals IN such
quantities thar they can be probably
mined. and that they cannot be ciassed
as mineral lands. Acting upon this report.
the commissioner OF the general land
Office instructed the register and reoeiver
or the United States land Office at Spo-
Kane 10 accept 10 applications 10 make
mineral entries on any agricultural or
grazing land on said reservation, claimed
by Indians. upon which they have I'm
provsments. and those officers were di-
rested 20 exercise the greatest care 10
protect al Indian occupants OF land in
said reservation.
The commissioner has duly advised IN
dian Agent Newman OF the result OF the
investigations by the general land office,
and OF the action taken 10 protect the In
dams. anl he was instructed 70 adopt such
vent the whites from trsspasslng upon
the lands claimed ara proved By Indians;
and. IL necessary, to co-operate with tho
local land Offices and the Indians in pro-
curing and fling such testimony as might
be required FOR the protection OF the Indian
claimants.
Columbia River Fisheries.
Every effort has been made by the
Indian office TO protect the Yakima In
dians from infringement by whites OF the
fishery rights secured 10 them by treaty.
but not always with success. The con-
missioner stlli regards IL as troublesome
and perplexing question. The fishery
rights OF these Indians and the stipu.a-
tons OF their treaty were defined by the
supreme court OF Washington territory,
January s. 1851. Under that decision the
Indians havS the right TO use and enjoy
their fisheries as they had done before
the conclusion OF the treaty OF 1850; and
the court held that where person obtained
under an act of congress approved sub
sequently 10 the treaty, patent 10 land
abutting upon the Tumwater fisheries. and
erected ana maintained thereon a fence
which obstructei the approach 70 The fish
cry which had been reserved by treaty
10 Indians. equity would interfere by an
Injunction and cause the removal OF the
obstruction: and that persons so obtain
ing patents hold such lands encountered
and charged with such easement and
rights
This decision was q victory for the In
dams, reversing the judgment OF the dis
trict court. Agent Irwin, OF the Yakima
agency, in a report 20 the department
states tina. although the supreme court Of
Washington remanded the case for fur
Their proceeding. II was never prosecuted
beyond that point. The Winans Bros.
the Seufert Brcs. and others have erected
fish wheels IN the Columbia river. denied
the Indians the right 10 fish therein. and
INSTRUCTED their ingress and egress there.
The commissioner OF public lands for the
state OF Washington has also published
various notices OF applications by certain
parties TO purchase shore lands along the
Columbia river between the high and low
water marks.
These facts were laid before the de-
parfment OF Justice. which instructed
United States Attorney Brinker 10 file
a bill IN equity, which might put a stop
70 the interference with the fishery rights
OF the Indians. The matter IS stu pend
ing IN the Washington district court, the
Indians and defendants being permitted
10 FISH in common until final hearing In
the case.
Commissioner Browning. however. Is
now In receipt OF an opinion from the at
torney general. stating among other
things. that the treaty OF 1856 with these
Indians established kind OF cervitude IN
the ceie6 lands. IN the nature OF the right
OF temporary injunction In favor OF the
tribe or tribes which had the right OF &C.
cupancy IN the lands: that the treaty be-
ing the supreme law OF the land. the state
OF Washington. while the owner OF shore
lands. with power TO sell them. cannot de-
prive the Indians by law. patent or cths--
wise. OF this right: that he has no doubt
the courts would entoin all persons later
fering with the exercise OF the rights;
that suit or suits for injunction could
be instituted against past or future par-
chasers of la1d which includes places
where Indians are accustomed TO Ash. aud
all such purchasers are forbidden to In
serfere with the Indians. and that the
purchasers themselves would doubtless
prevent others from so interfering The
attorney general also suggested that u
NIGH. be well 20 have the attention OF thu
state government called 10 the matter
with a view 10 secure legislation which
would protect the Indians in the freq
enjoyment Of their rights.
Commissioner Browning has recommend
Ell that The attention Of the governor OF
the state cs WASHINGTON be called 20 these
facts. with request that the legislature
OF that state be asked 10 enact such legis-
alton as would practically protect the
Indians In the free enjoyment % their
fishery rights.