The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-09-28
South Half of Colville Reservation
Open to Saloons.
NO LONGER INDIAN COUNTRY.
Judge Hanford's Decision In Liquor
Question of Statutory Construc-
ton lved-Counsef for Cow
ernment viii Approximations
Butchers Escape lndictme mt.

The full text Of Judge Hanfo-rs recent
decision that saloons may remain and n
t0xieaaIs be sod On the south halt OF the
Ca5vi4ie resery alton is in possession o.
United States District Attorney Gay, who
has Just retained from attendance upon
tns Federal court n Spokane The dee:-
sion, watch was made in the case 81 the
United States against FL. q. Kirkpatrick
and Daniel p. Bagneii. Jointly indiete! fer
introducing ardent spirits into The Indian
country" was briefly referred 20 IN a spe-
cial dispatch 10 the Post-InteIlis en>tr
from Spokane on Sunday morning. From
the decision and the statements made oS
Mr. Gay. il APPEARS that the decision Was
made upon u plea 10 the jurisdiction " ne
court, nrst interposed oy BaBnel- ny
Cay asked a conviction cn the ground that
the act opening The souta haAt OF the res
eryasioa 10 mining location onsy.' gave
whites lite Right 10 enter upon the reserve
for mining purposes only, and that The
government gtin retained the authority 10
t.. Ire Introduction and sale of in10xi-
Giants 20 the same extent as before me
passage OF me act.
BagneIrs attorney, f. c. Robertson. for
merry assistant United states district at
Icraey under W. II. Brinkaer. took the
opposite view Of TIE meaning Of tbe act,
and objected 10 me courts Jurisdiction.
Judge Hanford sustained the plea and dis
III ssed the Indictment both as 10 BaEne!i
and kirkpatrick.
The court seemed. however. 10 have some
7.
Gay says, and minated desire to have
the question determined by the United
States supreme court. No appeal can te
taken by the government in crimina. eases.
but MIR. Gay has prepared a libel Of Ia
formation against quantity az liquor
seized in Bagneils saloon and viii at
tempt 10 nave il forfeited to the govern
ment. Here the same question will again
arise. and from Judge Hanford's decision.
whch vii naturally be adverse 20 tile
government. Mr.. Gay VIII appea. direct 10
the United States supreme court and OBJ
tain final ruling.
The following IL an extract from Judge
Hanfords decision showing the grounds
upon which the plea CT Bagnel was sus-
taifsed,
This is an Indictment for introducing
ardent spirits into the Indian country -"
New. Indian country. as IL has been defined
III repeated decisions, is either a country
entirely uninhabited by any people other
than Indians and beyond the limit OF any
state, or else those reservations which the
lDuaans have the exclusive right 10 occupy.
Whenever that exclusive right OF occu-
pancy - taken away as TO any tract of land
that particular tract OF land ceases 10 ne
Indian country. The act which is under
stood 10 have been intended 10 have and
to have mad the effect of opening the Col
Vile reservation for mining exploration and
location is somewhat ambiguous. In view
or the former decisions Of the courts az
10 the definition OF the word entry in tie
land laws But l think /. is mani
fest that congress III this statute intended
10 use IL In the sense OF the proceedings In
the land office for perfecting title to mn
ing properly and the right to enter upon
mining ground, as given 10y this act
Giving the right 10 enter gives the right
10 prospect discover and locate mining
claims, all OF which IS entirely inconssst tent
with the exclusive right Of occupancy In
the Indians. / deem there is good ground
for discussion over this question. Il is
quite puzzing, The act Of congress was
intended TO be very narrow evidently, and
Ii may be that the effect OF this legislation
goes beyond wha. members OF congress ex-
peCted. But ther. is certainly enough rea-
son 70 support the contention of this plea
criminal cases the defendant IS entitled 10
the benefit OK such a doubt. / think IL is
desirable that this question should oe tested
in the appellate court Z there Is
any way 20 get Il before such a court
Mr.. Gay is much pleased with the re-
grand jury in Spokane III criminal eases.
out Of twenty-1ne cases tried. he says,
nineteen convictions we're obtained In
one Of the eases where the prosecu-
sence of witnesses. The grand jay. MIR,
Gay, says. was all that could have been
desired.
Among the cases IN which the grand
ina county butchers who were charged
under an Old statute with taking cattle
from the Yakima reservation without the
permission Of the secretary OF war. The
old law has been repeatedly violated with
IMMUNITY, and this. among other things,
probably operated . prevent an ind-ct-
ment being returned.
The effect OF the prosecution has been
salutary, however. Mr.. Gay says. ana al
though no construction Of the statute was
obtained. II will probably be respected IN
The future almost the same as 4 X had
been decided 70 De Of unquestloned valid