The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-02
TIE INDIANS WIN.
The Atte0pt 20 Reaeve Thea Tsenn
Lands IN 0AaaeGnn County
Witch TAey SefsleA On ana In-
prsve9 Unaef ne MeaesteaA
Laws Ualswfa1-Genesnl Ceurl
xewu.

Judge Hanford yesterday handed down
an important opinion In the several sega
rate cases OF the United States vs. A. W,
I4aEhappelle. e. Fl. Abercrombie. s. w.
Richardson. Christopher Robinson and
John Francis Williams. The cases were
sfieo In spokane and were brought by
the United States to evlct the defendants
from certain lands near Lake Chelan. In
okanogan county. which they claimed to
nave settled upon and improved under
the homestead laws OF the United States
This land was included in the Columbia
Indian reservation. Chief Mo2es had me-
gottated q sale Of the land TO the gov
eminent Tor large sum Of money. and
providing for their removal to the Col
Vile Indian reservation. consenting at
tie same time that the Indians relinQuish
their claims to the Columbia reservation.
The Indians. however, repudtAted the
negotiations. saying that Moses did not
represent them. The Indian agent who
acted as the xo-bctween for the govern
ment and the Indians Ia charged with
mistakes and lack Of tact. He charged
that they were obstinate, but the testi-
nuony refuted this statement. Judge Han
ford says.
II place my decision upon the ground
that the lands claimed by the defendants
have never become part of the public do
main which could be lawfully taken by
settlers under the homestead law. The
law authorizes settlers to take only un-
occupied public lands. to which the In
dian title had been exfInguished. Even
X the presidents proclamation be re-
Rarded as an authoritative declaration
that the Indian title had been extin-
guished. and though It be conclusive up
on the Indians, still the continued occu-
patton OF the land by the Indians was
founded upon natural right. and their
rights we're recognized by the law. SO
that their possession amounted to legal
appropriation for their USE and on that
account. by the terms Of section 2.2Ss. It
IS not land subject to be taken under the
homestead law.
THE soSs which the defendants must SUI
Ter X serious and II to be regretted. and
yet they are not In situation TO claim
the rights of bona fade r,lrcE1sa sers. without
notice The possession OF the Indians. prior
TO the initiation OF their settlements, had
been actual visible. continuous, and ncto-
RIOTS. The testimony shows that other cit
liens had seen That the lands I'm cortro-
versy were good. and desired to take the
same, but were deferred by the posscaslotp
Of the Indians. end from the time Mr.. La
Chappeilc made his first attempt TO inl-
tate settlement until the present time.
the Indians have been active AID diligent
In asserting their rights and giving notice
thereof. An element of actual bad faith
on the part Of this defendant u shown by
his own admission that while the Indians
were In prison he took possession OF their
growing crops and afterwards garnered
the same for his own use. In seeking to
acquire the lands which they now claim.
each OF the defendants voluntarily entered
into q controversy with the Indians. as
esHning the risk Of total loss Of their i'm
proveanents. and the consequence Of their
failure TO defeat the Indians II the con-
troversy affords no legal ground for tram
ping down superior rights.
The several Indians were not holding
particular tracts, with defined boundaries,
and they asserted their claim to an area
much greater. than the government has
permitted them to retain. But they axe
not TO suffer total deprivation OF rights
ON this account. They lived together as
one family. and their actual presence was
equivalent to an enclosure Of a quantity
of land. reasonably sufficient for their ne
csS<ities. The defendants. therefore. in
making entries. were of necessity aggres-
sors against the Indians. at their own
doorstep, and they acquired no legal rights
by their wrongdoinG.
Findings OF fact Will be prepared and a
Judgment entered in each case In accord
ance with this opinion