The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1896-05-28
IT. BRWIN'S STATEMENT
The Attack on Him Is UGquestilnably
a Gross Outrage.
FACTS REGARDING THE AGENCY DITCH
The Agent working Under Instruc-
ttons OF the Govern ment but Using
Every Effort 10 Benefit the In
dtans Committed TO HIS Charge.
YAKIMA INDIAN Agency,

YAKIMA INDIAN AGENcY,l
Fort SIMcoE, WASH, May 20, 1865
EDITOR HERALD: Your letter enclos.
ing the Times article, signed "a Business
Man." entitled "The Erwin Fake Ditch, ~
was duly received, and since then several
similar articles have been published.
While these Anonymous writers are I'M
worthy of notice, much less of reply,
however, lest the good citizens of Yaki-
ma, with whom | expect to cast my lot
when my term as agent is ended, may be
misled, and at your request will give the
facts, from which it will be seen that |
have not only acted strictly in accordance
with orders from the Department, but to
the best interest of the Indians.
There are no secrets in this matter
whatever, and if any good citizen or citi-
zens wish to look into it, | will show
them, with pleasure, all the correspond
ence and give them all the information |
can. have no personal interest in the
matter, whatever, to the contrary 1t adds
largely to my labor without any addition
al compensation.
One OF the articles of agreement, pur-
chasing the Wenatchee fishery, provides
that the Indians shall decide in council
how the money shall be expended. When
the sale had been ratified by congress
was instructed by the Honorable Com
missioner to call the Indians together IN
council, to decide how the money should
be expended. This | did and it brought
forth one of the largest councils | ever
saw 80 many were present they could
not be accommodated in the council
chamber. and it was necessary to use the
school building.
In the presence OF Inspector McCor-
mick, who was here at the time, the In
dams decided after mature deliberation,
that the money should be expended in
irrigation. This decision was reached and
reported to Washington more than IA
months ago and not 3 word of dissatisfac-
or protest was heard $50 far as know, for
thirteen months after, and not until the
| ihatbOt haN paoSCh bOti thO Ihdldh
Interior departments, and was instruct
ed to proceed with the work.
1t is claimed that purposed to bring
the water out of the river opposite or near
Toppenish. This is untrue. l purpose
to take the water out IL or Is miles above
Toppenish, in township 2S, above the
dam of the Sunnyside Ditch company,
and only two miles from the gap. 1t is
also claimed that dissatisfaction exists
because do not purpose bringing the
water out at the gap. This is impossible
for congress has passed bill granting
the Columbia Irrigation company the
right to build an irrigation canal half
mile below the gap. They have filed
their map of definite location. and it has
been approved by tine interior depart
ment; therefore, the land is appropriated,
and it was impossible for me to conform
to their wishes in locating at this par
ticuar point. l did the next best thing
l could. l went within ] = mile of this
location, just as near as dared go.
The statement that / swindled the In
dams in the purchase of the fishery is
utterly untrue. l have acted with the
best motives and have endeavored to see
that justice was done both to the Indians
and the whites. In an official letter
dated Sept. 8, 1892, addressed to Jay
Lynch, Land, 1885," he was in
structed to locate this fishery. The let
ter says: SIN fixing the boundaries, you
will exercise due care and diligence go as
not to include within it's limits any lands
occupied or settled upon or improved or
to which any vested rights of parties
attach
This was not done, aud the land of
some fifteen white settlers was included
| within the survey. Because of this COM
plication recommended that the lands
| be bought by the government.
On Oct. 10, 1893, a letter was addressed
to Colonel Lane and myself, Gland.
36,S76, $685." authorizing us to enter
into negotiation for cession of their
rights in and to this land. Neither Col.
Lane nor myself were asked to appraise
the land, but the honorable commission
er, in his letter of instruction, used this
language:
| I'm fixing the consideration to be paid
for this cession of land, you will take
into consideration the object of its origi-
nal reservation by the treaty of 1866, and
impress upon the Indians that they are
surrendering a privilege rather than a
property, one, too, that for thirty years
or more they have held in such light esti-
nation that they have not even made a
demand on the government for its proper
location and survey. While this office
does not desire to prejudice its valuation
by naming price for the cession, yet it
ventures to express the opinion that the
consideration should not exceed the sum
of $40, OOO."
On Dec. 20, 1898, Col. Lane and sub
mitted q proposition to purchase the land
at SO much per acre, which, if accepted,
| Il