Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-08-11
INDIAN DEPREDA7IONS.
Old Claim, % be Investigated by a Washing
lon Attorney.
LOSSES N THE slAcKHAwE WAR.


" u likNIN mat MlluIu the next rev
days or weeks 90 farhest. that the
whole question OF the payment ~ IN.
Indian deprodauons claims will come
prominently before the public. at least
that portion of % that 10 Interested
In the matter claims. ana their names
are legion throughout Utah and SUR
rounding Territory.
tie oldham. the attorney for the
. utts. ana assistant United statcs at.
torney Tor the Indian deprodntions d..
Vision ~ the court of claims at wash.
] lnRtun. came into M. city few days
| ngo. and conferred With krungcf n
| FcrrUu. who ore ciIfcly Identified VITA
/ The Indian depreciation claims " Utah.
Attorney Oldh1m's mission is zoo take
I testimony IN connection with these
/ claims and which ar, now pending.
Ths status ~ tho claims may De
briefly stated o. foIiowr;
on tho lrd Of March 1901. law was
| passed BY tho Congress OF the United
sini.a which provided that. "all
claims Tor property NJ citizens
OF the United States. taken
or destroyed by Indians belonging 70
any band. tribe ~ nation IN amify with
the United tltrH. without Just cause 90
pFoyocat.on on the part M the owner
or agent Ia charge. aud not returned ur
paid Tor. and also such cases as wore
authorized % hr examined under
the act Of Congress making npnruprlt-
tion for the current ana contingent cx-
henHes % the indian department."
should be settled By the court NJ claims.
From the wording ~ the act. endless
legislation has tuHued. Immediately
after NE passage oi this law when
limited the time 10 enter claims 30 three
years. Including iha year 1894. great
number " claims were entered in the
court " claims ranging from few
hundred dollars 10 many Thousands, and
aggrCgatlng lu The total % sum exceed
Ing one million dollars from The Tci-
rltory % Utah aud cuuliry contingent
thereto The time NJ these d6nrcdatiun-
dated from the year 1851 90 i'gi the
claims entered originating from the
depredaii1ns 1 fthe rtos ana Navajo
tribes ~ Indians Including what Do
known nH tha iiarkhnWk war.
The nrsi claim paid was thai " the
estate " j. a. whlimoro " PIKE
springs. Arizona, Just beyond the
Utah line.
Ths cialn was for $4,000 and judy
ment was rendered Tor t2-o00. which
was paid hy the Indian department.
The orly other claims paid thus lar
20 Utah parties were those u John
Lowry 81 Man.i and John l.. lvis Of
sIrEuard SOvi.r county. the latter ~
which was settled last year.
The principal question raised IN all
the claims n the meaning ~ the word
"umity" under ihp statute. II was at
nrsi held hy claimants that owing 90
the peculiar position the various triheH
held O. the government That All In.
dianH We're 40 nmiiy with the United
States. The court, however. held that
where the Indians were opposing the
United states soldiers that they were
not az nmliy, and that even when the
troops were not present. " ala not set
tie The point ~ 10 whether the Indians
were al nmity with the government or
not. The question Or umity ~ the
navajo eases werr settled BY the Whit
more ease. the court ~ claims hold.
Ing that the tribe was at amliy
Numerous declaiuna have been rsn-
tered defining the different words %
the statute. the first being a. 90 the
words "cl.ix NJ ~ the United StateH."
The nrst decision on thla point was In
the cfne " Benjamin johnson "
sclpl3. Utah. In this ease 4, was de-
clded that 'he meaning NJ the statute
was that 90 recover under the act tho
cialmlni must have been a citizen a;
the tlms me depredatiin was commit
tsi This ruling wis very unfortunate
% many Uinh clilm1nts. who hH1
tA,ten 1ut their citizenship papers 10
the probate court, which were haid li-
legal, ana ~ ruurEt they could not -.
cover IN regard % thil decision hl
was introduced IN Congress by y major
BROWN 10 uihh and D. siil pending lu
that body Go validate The cltlE nshlp
" ihost who found hcm. Ives ln this
position,
Another question raised was m,
meaning ~ the word band" under
she statute. In The Herring case this
was iakrn w. Tha question involved
WhriA.r thr Indians connected With
hmckhawk, during ihs period NJ tho
sl-callfd B3Ackhawk war were a band,
under Che meaning of ne statute; and
" f1 was the band at snmlty
With The United s,atca? The c1urt
ot claims hold that they were a band.
under the meaning of the statute and
thht thUy were not at amity with the
government This case n now pending
In the court ~ claims upon a motion
Tor q now irlnl. while waiting the ac-
ton NJ the supreme Court OF the Unit
"a states. upgn the ease 0f Victories
Apache baud N Indians. In which prhc-
tlcllly the same question II involved
ne In tho Black Hawk war eases. n u
Fenctllly believed by many attorneys
who urp Conysraunt with these cases.
that tho decision pf the court ~ claims
Will be- reversed by tho Supreme court.
MhltN Mnull nave the fiNtt OF putting
a different phase on tho claims found
ed upon the dopredltlonH committee by
Black Hawk and his followers.
Another interesting question, with
tho cases so Ear triod. was raised In
the ease ~ james tyie OF failnn. Utah.
Tho q .pr. datlon In this case was COM
mittod By the ELK Mountain utcs,
about the year 1867. a party u about
70 dozen ~ tho early settlers were sent
uut 60 settle the country wher now
Is situated the town Of Moab, Utah.
Hut after being there BIT compare
tiyoly short tlmo, the settlers were
driven out by the Eik mountain utcs
ami nil thoir property taken or de-
str1yrd The government In this
oufe raised the question that the coun-
tIy was Indian country, and that the
white man had no business there; that
the Indians were In possession, ana that
the invasion " the white man Into
the territory was Just reward OF pro-
vocation. The commissioner ~ claims
nnany ruled upon the question. ana
held that the country was not u roe
osnizcd Indian country, and gave
lud gment In favor u the claimant for
$3.50. A. viii he seen with the action
of Congress and the decision u the SUI